Can the original filing date be preserved for returned patent documents?
Yes, the original filing date can be preserved for returned patent documents under certain conditions. The MPEP 317.01 states:
“The returned papers, stamped with the original date of receipt by the Office, will be accompanied by a letter which will indicate that if the returned papers are corrected and resubmitted to the Office within the time specified in the letter, the Office will consider the original date of filing of the papers as the date of recording of the document.”
This means that if you correct and resubmit the returned documents within the specified timeframe, the USPTO will use the original filing date as the recording date for the document.
To learn more:
Topics:
MPEP 300 - Ownership and Assignment,
Patent Law,
Patent Procedure