How does the USPTO handle papers with a Certificate of Mailing or Transmission?

The USPTO has specific procedures for handling papers that include a Certificate of Mailing or Transmission. According to the MPEP:

“The Mail Center of the Office of Patent Application Processing (OPAP) will continue to date stamp the actual date of receipt of all papers received by mail in the Office. No attempt will be made to retain the envelopes in which the papers are received or to indicate on the papers the postal cancellation date (postmark).”

Key points in the USPTO’s handling process include:

• The actual receipt date is stamped on all papers
• The date on the Certificate is used to determine if the paper was filed within the period for reply
• If the paper is received after the period for reply, but the Certificate date is within the period, the paper is considered timely filed
• A notation (e.g., “C of Mail 11/10/97”) is made next to the Office Date Stamp to indicate the Certificate date

It’s important to note that while the Certificate date is used to determine timeliness, the actual receipt date is used for all other purposes, including calculating subsequent deadlines.

To learn more:

• Certificate of Mailing
• Certificate of Transmission
• USPTO Correspondence
• Patent Office Procedures