What happens if the Certificate of Mailing or Transmission is omitted from a paper?

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.

If the Certificate of Mailing or Transmission is omitted from a paper, the USPTO will treat the paper as though it was not received. According to MPEP 512:

“If the certification of mailing or transmission is omitted and the paper is later received by the U.S. Patent and Trademark Office, the paper will be considered as having been filed as of the date of receipt in the Office.”

This means that without the certificate, the paper’s filing date will be the actual date it’s received by the USPTO, which could potentially be later than intended and may have significant consequences for patent applications or other time-sensitive submissions.