Editing MPEP 500
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{{Statute|37 CFR 1.8. Certificate of mailing or transmission.}} | {{Statute|37 CFR 1.8. Certificate of mailing or transmission.}} | ||
(a) Except in the situations enumerated in paragraph (a)(2) | (a)Except in the situations enumerated in paragraph (a)(2) | ||
of this section or as otherwise expressly excluded in this chapter, | of this section or as otherwise expressly excluded in this chapter, | ||
correspondence required to be filed in the U.S. Patent and Trademark | correspondence required to be filed in the U.S. Patent and Trademark | ||
Line 6,800: | Line 6,800: | ||
The actual date of receipt will be used for all other purposes. | The actual date of receipt will be used for all other purposes. | ||
(1)Correspondence will be considered as being timely | |||
filed if: | |||
(i)The correspondence is mailed or transmitted prior | |||
to expiration of the set period of time by being: | |||
(A)Addressed as set out in § 1.1(a) and deposited | |||
with the U.S. Postal Service with sufficient postage as first class | with the U.S. Postal Service with sufficient postage as first class | ||
mail; or | mail; or | ||
(B)Transmitted by facsimile to the Patent and | |||
Trademark Office in accordance with § 1.6(d); and | Trademark Office in accordance with § | ||
1.6(d); and | |||
(ii)The correspondence includes a certificate for each | |||
piece of correspondence stating the date of deposit or transmission. | piece of correspondence stating the date of deposit or transmission. | ||
The person signing the certificate should have reasonable | The person signing the certificate should have reasonable | ||
basis to expect that the correspondence would be mailed or transmitted | basis to expect that the correspondence would be mailed or transmitted | ||
on or before the date indicated. | on or before the date indicated. | ||
(2)The procedure described in paragraph (a)(1) of this | |||
section does not apply to, and no benefit will be given to a Certificate | section does not apply to, and no benefit will be given to a Certificate | ||
of Mailing or Transmission on, the following: | of Mailing or Transmission on, the following: | ||
(i)Relative to Patents and Patent Applications— | |||
(A)The filing of a national patent application specification | |||
and drawing or other correspondence for the purpose of | and drawing or other correspondence for the purpose of | ||
obtaining an application filing date, including a request for a continued | obtaining an application filing date, including a request for a continued | ||
prosecution application under § 1.53(d); | prosecution application under § | ||
1.53(d); | |||
(B)[Reserved] | |||
(C)Papers filed in contested cases before the Board | |||
of Patent Appeals and Interferences, which are governed by | of Patent Appeals and Interferences, which are governed by | ||
§ 41.106 (f) of this title; | § | ||
41.106 (f) of this title; | |||
(D)The filing of an international application for | |||
patent; | patent; | ||
(E)The filing of correspondence in an international | |||
application before the U.S. Receiving Office, the U.S. International | application before the U.S. Receiving Office, the U.S. International | ||
Searching Authority, or the U.S. International Preliminary | Searching Authority, or the U.S. International Preliminary | ||
Examining Authority; | Examining Authority; | ||
(F)The filing of a copy of the international application | |||
and the basic national fee necessary to enter the national | and the basic national fee necessary to enter the national | ||
stage, as specified in § 1.495(b). | stage, as specified in § 1.495(b). | ||
(ii)[Reserved] | |||
(iii)Relative to Disciplinary Proceedings— | |||
(A)Correspondence filed in connection with a disciplinary | |||
proceeding under part 10 of this chapter. | proceeding under part 10 of this chapter. | ||
(B)[Reserved] | |||
(b) In the event that correspondence is considered timely | (b)In the event that correspondence is considered timely | ||
filed by being mailed or transmitted in accordance with paragraph | filed by being mailed or transmitted in accordance with paragraph | ||
(a) of this section, but not received in the U.S. Patent and Trademark | (a) of this section, but not received in the U.S. Patent and Trademark | ||
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correspondence: | correspondence: | ||
(1)Informs the Office of the previous mailing or transmission | |||
of the correspondence promptly after becoming aware | of the correspondence promptly after becoming aware | ||
that the Office has no evidence of receipt of the correspondence; | that the Office has no evidence of receipt of the correspondence; | ||
(2)Supplies an additional copy of the previously mailed | |||
or transmitted correspondence and certificate; and | or transmitted correspondence and certificate; and | ||
(3)Includes a statement which attests on a personal | |||
knowledge basis or to the satisfaction of the Director to the previous | knowledge basis or to the satisfaction of the Director to the previous | ||
timely mailing or transmission. If the correspondence was | timely mailing or transmission. If the correspondence was | ||
sent by facsimile transmission, a copy of the sending unit’s report | sent by facsimile transmission, a copy of the sending unit’s report | ||
confirming transmission may be used to support this statement. | confirming transmission may be used to support this statement. | ||
(c) The Office may require additional evidence to determine | (c)The Office may require additional evidence to determine | ||
if the correspondence was timely filed. | if the correspondence was timely filed. | ||
|} | |} | ||
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MPEP § 502 and § 502.01), the date of receipt in the | MPEP § 502 and § 502.01), the date of receipt in the | ||
Office is stamped on the papers in accordance with | Office is stamped on the papers in accordance with | ||
37 CFR 1.6(a). | 37 | ||
CFR 1.6(a). | |||
The date indicated on the Certificate of Mailing or | The date indicated on the Certificate of Mailing or | ||
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the next succeeding day which is not a Saturday, Sunday, | the next succeeding day which is not a Saturday, Sunday, | ||
or Federal holiday within the District of Columbia.” | or Federal holiday within the District of Columbia.” | ||
If, however, the paper was received in the U.S. | If, however, the paper was received in the U.S. | ||
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CFR 1.8(a)(2)(i)(A) since it is | CFR 1.8(a)(2)(i)(A) since it is | ||
considered to be the filing of a national patent application. | considered to be the filing of a national patent application. | ||
Effective November 29, 1999, Public Law 106-113 | Effective November 29, 1999, Public Law 106-113 | ||
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For example, if a new patent application is | For example, if a new patent application is | ||
deposited as “Express Mail” in accordance with | deposited as “Express Mail” in accordance with | ||
37 CFR 1.10 on a Saturday and the United States | 37 | ||
CFR 1.10 on a Saturday and the United States | |||
Postal Service gives it a date of deposit of Saturday, | Postal Service gives it a date of deposit of Saturday, | ||
the Office will accord and stamp the correspondence | the Office will accord and stamp the correspondence | ||
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directly below the papers to which they refer. For | directly below the papers to which they refer. For | ||
Image File Wrapper (IFW) processing, see IFW Manual. | Image File Wrapper (IFW) processing, see IFW Manual. | ||
Office personnel receiving a hand-delivered paper | Office personnel receiving a hand-delivered paper | ||
from other than U.S. Postal Service personnel | from other than U.S. Postal Service personnel | ||
should inspect the paper to ensure that the benefits of | |||
should | |||
inspect the paper to ensure that the benefits of | |||
37 CFR 1.8 or “Express Mail” benefits under 37 CFR | 37 CFR 1.8 or “Express Mail” benefits under 37 CFR | ||
1.10 are not accorded in error. If the paper contains a | 1.10 are not accorded in error. If the paper contains a | ||
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37 CFR 1.10), the words “HAND DELIVERED” | 37 CFR 1.10), the words “HAND DELIVERED” | ||
should be written adjacent to the date stamp. | should be written adjacent to the date stamp. | ||
Applicant should be notified in the next Office | |||
action when a paper containing a Certificate of Mailing | |||
has been denied the benefits under 37 CFR 1.8 or | |||
a paper containing an “Express Mail” mailing label | |||
(commonly used to comply with 37 CFR 1.10) is | |||
denied benefits under 37 CFR 1.10 by including, for | |||
example, form paragraph 5.04. | |||
¶ 5.04 Benefit of Certificate of Mailing Denied | |||
The [1] filed [2] is not entitled to the benefits of 37 CFR 1.[3] | |||
since it was not deposited with the U. S. Postal Service for delivery | |||
to the U.S. Patent and Trademark Office. Therefore, the date | |||
of receipt in the U.S. Patent and Trademark Office has been used | |||
to determine the timeliness of the paper. | |||
Examiner Note: | |||
1.This form paragraph is to be used in those situations where | |||
correspondence contains a Certificate of Mailing under 37 CFR | |||
1.8 or requests the benefit of “Express Mail” under 37 CFR 1.10, | |||
but the correspondence was not actually deposited with the U. S. | |||
Postal Service. | |||
2.In bracket 3, insert --8-- or --10--, as appropriate. | |||
Misuse of a Certificate of Mailing under 37 CFR | Misuse of a Certificate of Mailing under 37 CFR | ||
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IV.ORIGINAL MAILED PAPER NOT DELIVERED | IV.ORIGINAL MAILED PAPER NOT DELIVERED | ||
Paragraphs (b) and (c) of 37 CFR 1.8 concern the | Paragraphs (b) and (c) of 37 CFR 1.8 concern the |