What types of correspondence are not eligible for the Certificate of Mailing or Transmission procedure?

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.

While the Certificate of Mailing or Transmission procedure is useful for many types of USPTO correspondence, there are several exceptions. According to 37 CFR 1.8(a)(2), the procedure does not apply to:

• Filing of national patent application specifications and drawings for the purpose of obtaining an application filing date
• Filing of correspondence in an international application before the U.S. Receiving Office, U.S. International Searching Authority, or U.S. International Preliminary Examining Authority
• Filing of an international design application
• Filing a copy of an international application and the basic national fee to enter the national stage
• Filing a written declaration of abandonment under 37 CFR 1.138

It’s crucial to note that these exceptions exist to ensure certain critical documents are actually received by the USPTO before they are considered filed.