Is proof of service required for documents filed in ex parte reexamination?
Yes, proof of service is required for certain documents filed in ex parte reexamination. MPEP 2252 states: “Any paper for which proof of service is required, which is filed without proof of service, may be denied consideration.” If proof of service is missing, the Central Reexamination Unit may inquire with the sender to verify if…
Read MoreAre signatures on facsimile-transmitted documents acceptable in international patent applications?
Yes, signatures on documents received via facsimile are generally acceptable in international patent applications, provided the facsimile transmission is permitted for that specific document type. The MPEP section 1834.01 states: “A signature on a document received via facsimile in a permitted situation is acceptable as a proper signature.” This acceptance is based on both international…
Read MoreHow is the receipt date determined for documents transmitted by facsimile to the USPTO?
The receipt date for documents transmitted by facsimile to the USPTO is determined according to specific rules. The MPEP section 1834.01 states: “The receipt date of a document transmitted via facsimile is the date in the USPTO on which the transmission is completed, unless the receipt date is a Saturday, Sunday, or Federal holiday in…
Read MoreWhere can I obtain the PCT international application transmittal letter form?
The PCT international application transmittal letter form (Form PTO-1382) can be obtained online from the USPTO website. According to MPEP 1830: “The form, which is intended to simplify the filing of PCT international applications and related documents with the United States Receiving Office, may be obtained online at www.uspto.gov/patents-getting-started/international-protection/patent-cooperation-treaty/pct-chapter-i-forms.” You can access and download the…
Read MoreWhat types of documents can be filed by facsimile in international patent applications?
Generally, most documents can be filed by facsimile transmission in international patent applications, with some exceptions. The MPEP states: “Generally, any paper may be filed by facsimile transmission with certain exceptions which are identified in 37 CFR 1.6(d).” Specifically, you can submit the following by fax: Substitute sheets (other than color drawings) Extensions of time…
Read MoreWhat happens to documents filed during the Board’s jurisdiction?
According to 37 CFR 41.35(d), documents filed while the Board has jurisdiction over a proceeding are generally held in abeyance: “Except for petitions authorized by this part, consideration of any information disclosure statement or petition filed while the Board possesses jurisdiction over the proceeding will be held in abeyance until the Board’s jurisdiction ends.” This…
Read MoreCan a Certificate of Transmission be used for facsimile submissions in international patent applications?
The use of a Certificate of Transmission for facsimile submissions in international patent applications is limited. According to the MPEP section 1834.01: “A Certificate of Transmission may be used as provided in 37 CFR 1.8(a)(1) except in the instances specifically excluded in 37 CFR 1.8(a)(2).” However, it’s crucial to note the following restriction: “Note particularly…
Read MoreWhat is the recording date for a patent document?
According to MPEP 317.01, the recording date for a patent document is defined as follows: “The date of recording of a document is the date the document meeting the requirements for recording set forth in this part is filed in the Office.” This means that the recording date is established when a document that complies…
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