How does the USPTO handle facsimile transmissions for dating purposes?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs 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. The USPTO has specific rules for dating facsimile transmissions. According to 37 CFR 1.6(a)(3): Correspondence transmitted by facsimile to the Patent and Trademark Office will be stamped with the date on which the complete transmission is received in the Patent and Trademark Office unless that date is a Saturday, Sunday, or Federal holiday within the District of Columbia, in which case the date stamped will be the next succeeding day which is not a Saturday, Sunday, or Federal holiday within the District of Columbia. This means that faxed correspondence is generally dated on the day of complete transmission, except for weekends and holidays, where it’s dated the next business day. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Fax Date Stamped on Next Business Day MPEP 505 Permitted Patent and Trademark Office Not Open on Weekends and Holidays MPEP 505 Permitted Office Date Stamp Required for Receipt of Correspondence MPEP 505 Hand-Carried Papers Must Be Date Stamped MPEP 505 Saturday Deposit Date Stamped MPEP 505 Office Date Stamp Establishes Filing Date for Complete Applications MPEP 505 Correspondence Receipt Date Regardless of Day MPEP 505 Priority Mail Express Date for Patent Office Receipt MPEP 505 Permitted Receipt Date for Electronic Filings Is Eastern Time Regardless of Holidays MPEP 505 Permitted Priority Mail Express Stamp for Filing MPEP 505 Permitted Other Related FAQs 5 FAQs Collapse What happens if the date of receipt stamp is illegible or missing? What determines the filing date of a patent application? How are Priority Mail Express® submissions dated by the USPTO? How does the USPTO handle correspondence received on weekends or holidays? What i...