What types of patent-related correspondence are prohibited from being sent by facsimile to the USPTO?

According to MPEP 502.01, certain types of patent-related correspondence are prohibited from being sent by facsimile to the USPTO. These include:

  • Documents required by statute to be certified (37 CFR 1.4(f))
  • National patent application specifications and drawings for obtaining a filing date (except for CPAs under 37 CFR 1.53(d))
  • International patent applications
  • International design applications
  • Documents for entering the national stage of an international application (37 CFR 1.495(b))
  • Third-party submissions under 37 CFR 1.290
  • Correspondence related to registration to practice before the USPTO in patent cases
  • Color drawings (37 CFR 1.81, 1.83-1.85, 1.152, 1.165, 1.173, 1.437, or 1.1026)
  • Requests for reexamination (37 CFR 1.510 or 37 CFR 1.913)
  • Requests for supplemental examination (37 CFR 1.610)
  • Correspondence for patent applications under secrecy orders (37 CFR 5.1-5.5)
  • Most correspondence for contested cases or trials before the Patent Trial and Appeal Board

The MPEP states: “As a courtesy, the Office will attempt to notify senders whenever correspondence is sent to the Office by facsimile transmission that falls within one of the prohibitions.” However, it’s crucial to avoid submitting prohibited correspondence by fax, as it will not be accorded a receipt date.

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Topics: MPEP 500 - Receipt and Handling of Mail and Papers, Patent Law, Patent Procedure
Tags: USPTO communication