Does the Certificate of Mailing or Transmission apply to foreign mailings?
The Certificate of Mailing procedure does not apply to papers mailed from a foreign country. However, the Certificate of Transmission procedure can be used for correspondence transmitted to the USPTO from a foreign country, with some conditions. The MPEP states: The Certificate of Transmission procedure for both facsimile transmissions and transmissions via EFS-Web, however, also…
Read MoreWhat should I do if I’ve misused a Certificate of Mailing or Transmission?
If you’ve misused a Certificate of Mailing or Transmission, it’s important to address the issue promptly and honestly. The USPTO takes the integrity of these certificates seriously. The MPEP states: Misuse of a Certificate of Mailing under 37 CFR 1.8 or improperly claiming the benefit of 37 CFR 1.10 which appears to be more than…
Read MoreHow does the USPTO handle correspondence with a Certificate of Mailing or Transmission?
The USPTO has specific procedures for handling correspondence with a Certificate of Mailing or Transmission: All papers received by mail are date stamped with the actual date of receipt, regardless of any Certificate of Mailing. For papers with a Certificate of Mailing or Transmission, the date on the certificate is used to determine if the…
Read MoreWhat happens if my correspondence with a Certificate of Mailing is not received by the USPTO?
If correspondence with a Certificate of Mailing or Transmission is not received by the USPTO after a reasonable amount of time, you can take steps to notify the Office and provide evidence of the previous timely filing. According to 37 CFR 1.8(b): In the event that correspondence is considered timely filed by being mailed or…
Read MoreWhat happens if the USPTO receives a document without a date of receipt stamp?
If the USPTO receives a document without a date of receipt stamp, the Office will assign the document a date of receipt based on other evidence. This may include: The date of receipt indicated on an Express Mail label The date of deposit indicated on a certificate of mailing The date of transmission indicated on…
Read MoreWhat should I do if my timely filed correspondence was not received by the USPTO?
If you have filed correspondence with a proper Certificate of Mailing or Transmission, but the USPTO has not received it after a reasonable amount of time, you can take action under 37 CFR 1.8(b). The MPEP states: “37 CFR 1.8(b) permits a party to notify the Office of a previous mailing through the U.S. Postal…
Read MoreWhat is the purpose of a certificate of mailing or transmission in patent applications?
The purpose of a certificate of mailing or transmission in patent applications is to provide evidence of timely filing when correspondence is not received by the USPTO or is received late. As stated in MPEP 512: The Certificate of Mailing or Transmission procedure does not apply to papers mailed in a foreign country. This procedure…
Read MoreHow does the USPTO handle papers with a Certificate of Mailing or Transmission?
The USPTO has specific procedures for handling papers that include a Certificate of Mailing or Transmission. According to the MPEP: “The Mail Center of the Office of Patent Application Processing (OPAP) will continue to date stamp the actual date of receipt of all papers received by mail in the Office. No attempt will be made…
Read MoreHow do I use a Certificate of Mailing or Transmission?
To use a Certificate of Mailing or Transmission, you must include a signed certification with your correspondence. The MPEP provides suggested formats for these certificates: “The following are suggested formats for either a Certificate of Mailing or Certificate of Transmission under 37 CFR 1.8(a). The certification may be included with all correspondence concerning this application…
Read MoreCan I use a Certificate of Mailing or Transmission for correspondence from outside the United States?
The use of a Certificate of Mailing or Transmission for correspondence from outside the United States depends on the method of transmission. The MPEP clarifies: “The Certificate of Mailing procedure does not apply to papers mailed in a foreign country. The Certificate of Transmission procedure for both facsimile transmissions and transmissions via EFS-Web, however, also…
Read More