What should I do if my timely filed correspondence was not received by the USPTO?

If you have filed correspondence with a proper Certificate of Mailing or Transmission, but the USPTO has not received it after a reasonable amount of time, you can take action under 37 CFR 1.8(b). The MPEP states:

“37 CFR 1.8(b) permits a party to notify the Office of a previous mailing through the U.S. Postal Service, or transmission by facsimile or EFS-Web, of correspondence when a reasonable amount of time has elapsed from the time of mailing or transmission of the correspondence.”

To rectify this situation:

1. Promptly notify the Office of the previous mailing or transmission
2. Supply a duplicate copy of the previously mailed or transmitted correspondence
3. Provide a statement attesting to the previous timely mailing or transmission

It’s important to act quickly once you become aware that the Office has not received your correspondence, rather than waiting until the end of the reply period.

To learn more:

• Certificate of Mailing
• Certificate of Transmission
• USPTO Correspondence
• Lost Correspondence