How do I use a Certificate of Mailing or Transmission?

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.

To use a Certificate of Mailing or Transmission, you must include a signed certification with your correspondence. The MPEP provides suggested formats for these certificates:

“The following are suggested formats for either a Certificate of Mailing or Certificate of Transmission under 37 CFR 1.8(a). The certification may be included with all correspondence concerning this application or proceeding to establish a date of mailing or transmission under 37 CFR 1.8(a).”

The certificate should include:

• A statement certifying the date of mailing or transmission
• The signature of the person making the certification
• The application number (if known)

It’s important to note that the certificate must be signed by someone with a reasonable basis to expect the correspondence would be mailed or transmitted on or before the date indicated.