What is the significance of the Certificate of Mailing in patent application procedures?
What is the significance of the Certificate of Mailing in patent application procedures?
The Certificate of Mailing plays a crucial role in patent application procedures, particularly in relation to response deadlines. According to MPEP 710.02:
“The Certificate of Mailing procedure does not apply to time periods set in the Office action — it applies only to requirements for a timely reply.”
This means that while the Certificate of Mailing can be used to establish the date of reply to an Office action, it does not affect the calculation of the statutory period set in the Office action itself. The significance lies in:
- Proving timely submission of responses
- Establishing the date of reply for deadline purposes
- Protecting applicants from postal delays
It’s important to note that the actual receipt date at the USPTO is still relevant for determining when the statutory period expires.
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