What is the significance of the “date of receipt” in PCT national phase entry?
The “date of receipt” plays a crucial role in determining the commencement of the national stage for PCT applications entering the U.S. national phase. According to MPEP 1893.01: “The “date of receipt” is defined in PCT Rule 92.4 as the actual date of receipt of the required papers, or the next working day, in the…
Read MoreWhat is the significance of the actual date of receipt for rescinding a nonpublication request?
The actual date of receipt of a request to rescind a nonpublication request is crucial, especially when it relates to foreign filing. According to MPEP 1123: “No benefit can be given to a certificate of mailing or transmission under 37 CFR 1.8 on a request to rescind a nonpublication request in determining whether there has…
Read MoreWhat is the date of receipt for assignment documents sent to the USPTO by fax?
The date of receipt for assignment documents sent to the USPTO by fax is determined by when the complete transmission is received. According to MPEP 302.09: The date of receipt accorded to an assignment document sent to the Office by facsimile transmission is the date the complete transmission is received in the Office. It’s important…
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…
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