What is a Certificate of Mailing or Transmission?

A Certificate of Mailing or Transmission is a procedure under 37 CFR 1.8 that allows correspondence to be considered timely filed with the USPTO if it meets certain conditions. As stated in the MPEP: “Under 37 CFR 1.8, a person may state on certain papers directed to the Office (some exceptions are stated in 37…

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Can I use a Certificate of Mailing or Transmission for all USPTO correspondence?

No, the Certificate of Mailing or Transmission cannot be used for all USPTO correspondence. The MPEP 512 specifies certain types of correspondence that are excluded from the certificate practice: “The Certificate of Mailing or Transmission procedure does not apply to: (A) Relative to Patents and Patent Applications— (1) The filing of a national patent application…

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How does the USPTO handle correspondence for applications with multiple attorneys or agents?

How does the USPTO handle correspondence for applications with multiple attorneys or agents? When an application has multiple attorneys or agents of record, the USPTO follows specific guidelines for correspondence: The USPTO will direct all correspondence to the first named attorney or agent of record, unless otherwise specified. If a customer number is provided, correspondence…

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What types of correspondence are not eligible for the Certificate of Mailing or Transmission procedure?

While the Certificate of Mailing or Transmission procedure is useful for many types of USPTO correspondence, there are several exceptions. According to 37 CFR 1.8(a)(2), the procedure does not apply to: Filing of national patent application specifications and drawings for the purpose of obtaining an application filing date Filing of correspondence in an international application…

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How does the USPTO handle correspondence for applications with multiple applicants?

How does the USPTO handle correspondence for applications with multiple applicants? The USPTO has specific rules for handling correspondence in applications with multiple applicants: For applications filed on or after September 16, 2012, the USPTO will direct correspondence to the first named applicant, unless a practitioner is appointed. For applications filed before September 16, 2012,…

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