Can I use a certificate of mailing for all USPTO correspondence?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

While the certificate of mailing or transmission is a useful tool, it cannot be used for all types of USPTO correspondence. The MPEP 502 provides specific exceptions:

“The certification procedure under 37 CFR 1.8 is not available for: (A) Applications for patent under 35 U.S.C. 111(a), including reissue applications; (B) International applications for patent; (C) International design applications; (D) Requests for reexamination under 35 U.S.C. 302…”

This list continues with several other exceptions. It’s crucial to note that:

• New patent applications cannot use the certificate of mailing.
• International applications are excluded from this procedure.
• Certain time-sensitive documents require different filing methods.

For these excluded items, consider using Priority Mail Express® or electronic filing to ensure timely receipt by the USPTO. Always check the current regulations or consult with a patent professional to determine the appropriate filing method for your specific correspondence.

For more information on Certificate of Mailing, visit: Certificate of Mailing.

For more information on patent applications, visit: patent applications.

For more information on USPTO correspondence, visit: USPTO correspondence.