Can I use facsimile transmission to file an international patent application?
No, facsimile transmission cannot be used for filing an international patent application. The MPEP clearly states:
“Facsimile transmission may not be used for the filing of an international application, the filing of color drawings under 37 CFR 1.437, or the filing of a copy of the international application and the basic national fee to enter the U.S. national stage under 35 U.S.C. 371.”
This restriction is based on 37 CFR 1.6(d)(3) and (4), 1.8(a)(2)(i)(D), and 1.8(a)(2)(i)(F).
However, it’s important to note that facsimile transmission can be used for certain other papers related to international applications. For instance, the Demand for international preliminary examination may be filed by facsimile transmission, as mentioned in MPEP § 1834.01.
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