Can I use a Certificate of Mailing or Transmission for international patent applications?

The use of a Certificate of Mailing or Transmission for international patent applications is limited and depends on the specific type of correspondence. According to the MPEP and 37 CFR 1.8(a)(2)(i)(D)-(F), the certificate procedure does not apply to:

• The filing of an international application for patent
• The filing of correspondence in an international application before the U.S. Receiving Office, the U.S. International Searching Authority, or the U.S. International Preliminary Examining Authority
• The filing of a copy of the international application and the basic national fee necessary to enter the national stage

However, the Certificate of Transmission procedure can be used for some correspondence related to international applications if it’s being transmitted to the USPTO and is not otherwise prohibited. The MPEP states:

The Certificate of Transmission procedure for both facsimile transmissions and transmissions via EFS-Web, however, also applies to papers transmitted to the Office from a foreign country provided that the correspondence being transmitted is not prohibited from being transmitted by facsimile or via EFS-Web and is not otherwise precluded from receiving the benefits under 37 CFR 1.8.

It’s crucial to carefully review the specific requirements and limitations for international application correspondence to ensure proper and timely filing.