What procedures can be used for resubmitting returned patent documents?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09
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 provides specific procedures for resubmitting returned patent documents. According to MPEP 317.01:
“The procedure set forth in § 1.8 or § 1.10 of this chapter may be used for resubmissions of returned papers to have the benefit of the date of deposit in the United States Postal Service.”
This means that when resubmitting corrected documents, you can use either the Certificate of Mailing procedure (37 CFR 1.8) or the Express Mail procedure (37 CFR 1.10) to potentially preserve the original filing date based on the postal deposit date.
Topics:
MPEP 300 - Ownership and Assignment
Patent Law
Patent Procedure