Can I use a Certificate of Mailing or Transmission for electronically filed documents?

Yes, you can use a Certificate of Transmission for documents filed electronically through the USPTO’s Electronic Filing System (EFS-Web). The MPEP provides a suggested format for a Certificate of EFS-Web Transmission:

I hereby certify that this correspondence is being transmitted via the U.S. Patent and Trademark Office electronic filing system (EFS-Web) to the USPTO on [Date].

However, it’s important to note that EFS-Web submissions have their own timestamp system. According to 37 CFR 1.6(a)(4):

Correspondence submitted to the Office by way of the Office electronic filing system will be accorded a receipt date, which is the date the correspondence is received at the correspondence address for the Office set forth in ยง 1.1 when it was officially submitted.

This date can be a Saturday, Sunday, or federal holiday within the District of Columbia. The certificate can provide an additional layer of documentation for your submission date, but the EFS-Web timestamp is generally considered authoritative for determining the receipt date of electronic submissions.

Topics: MPEP 500 - Receipt and Handling of Mail and Papers, MPEP 512 - Certificate of Mailing or Transmission, Patent Law, Patent Procedure
Tags: Certificate of Transmission, EFS-Web, electronic filing, USPTO correspondence