How is the receipt date determined for faxed assignment documents at the USPTO?
How is the receipt date determined for faxed assignment documents at the USPTO?
The determination of the receipt date for faxed assignment documents at the USPTO is crucial for establishing priority and effective dates. According to MPEP 302.09:
“The date of receipt accorded to an assignment document sent to the Office by facsimile transmission is the date the complete transmission is received in the Office.”
This means that:
- The receipt date is when the entire document has been successfully transmitted and received by the USPTO.
- Partial transmissions or incomplete faxes will not establish a receipt date.
- The time zone of the USPTO (Eastern Time) is used for determining the date.
- If a transmission is completed after business hours, the next business day may be considered the receipt date.
It’s important to ensure that the fax transmission is complete and to keep confirmation records of the transmission for your files.
To learn more:
Topics:
MPEP 300 - Ownership and Assignment,
Patent Law,
Patent Procedure