What mailing procedures can be used for ex parte reexamination correspondence?

The MPEP outlines two primary mailing procedures that can be used for most ex parte reexamination correspondence: Certificate of Mailing and Transmission (37 CFR 1.8): This procedure can be used for filing any paper in an ex parte reexamination proceeding, except for the initial request for reexamination and a corrected/replacement request. Priority Mail Express® Mailing…

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Can I use certificate of mailing and transmission procedures for inter partes reexamination documents?

The use of certificate of mailing and transmission procedures (37 CFR 1.8) is allowed for most documents in an inter partes reexamination proceeding, with some important exceptions. The MPEP states: “The certificate of mailing and transmission procedures (37 CFR 1.8) may be used to file any paper in an inter partes reexamination proceeding, except for…

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What alternative filing methods are available if the USPTO electronic filing system is unavailable?

If the USPTO patent electronic filing system becomes unavailable due to a system outage, applicants have alternative filing methods to meet the requirements of 37 CFR 1.495(b). These include: Hand-delivery to the USPTO Using the Priority Mail Express® service of the United States Postal Service (USPS) in accordance with 37 CFR 1.10 As stated in…

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Can the Priority Mail Express® procedure be used for filing papers in PCT applications?

Yes, the Priority Mail Express® procedure can be used for filing papers in PCT applications with the USPTO. According to MPEP 1834: “The Priority Mail Express® procedure set forth at 37 CFR 1.10 applies to papers filed with the U.S. Patent and Trademark Office (USPTO) in international applications. Accordingly, papers filed with the USPTO in…

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What should I do if there’s a discrepancy between the USPTO filing date and the USPS ‘date accepted’?

If there’s a discrepancy between the filing date accorded by the USPTO and the ‘date accepted’ on the Priority Mail Express® mailing label, you can petition the Director under 37 CFR 1.10(c). The petition should: Be filed promptly after becoming aware of the discrepancy Include evidence that the Priority Mail Express® mailing label number was…

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