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1834.01 MANUAL OF PATENT EXAMINING PROCEDURE
the-indicated address; or,if the common representative
has appointed one or more agents, to that agentor
thefirst-mentioned ofthose agentsvor, if thecormnon
representative has not appointed an agent but hasindicated
a special address for notifications, at that
address.
FILING OF CORRESPONDENCEBY MAIL
The "Express Mail" procedure set forth at 37 CFR
1.10 applies to "[a]ny correspondence received by the
Patent and Tr,ademark Office:" Accordingly. papers
filed with, the USPTO in international applications
will be accorded by the U.S. Patent and Trademark
Office the date of deposit with the United States
Postal Service as shown on the "date-in" on the
"Express ,Mail" .. mailing label as the date of filing,in
the USPTO if the provisions of 37 CFR 1.10 are complied
with. See MPEP § 513.
If there is a question regarding the date of deposit,
the Express Mail provisions of 37 CFR 1.1O(c)-(e)
reqnire; in addition to using the "ExpressMail Post
Office to Addressee" service, an indication of the
"Express Mail" mailing label number on each paper
or fee. In situations wherein the correspondence
includes several papers directed to the same application
(for example, Request, description, claims,
abstract, drawings, and other papers) the correspondencemay
be submitted with a cover or transmittal
letter, Which should itemize the papers; The cover or
transmittal letter must have the "Express Mail" mailing
label number thereon.
The certificate of mailing by first class mail procedure
set forth at 37 CFR 1.8 differs from the 37CFR
1.10 Express Mail procedure. See 37 CFR
1.8(a)(2)(i)(D) and (E). It is important to understand
that the 37 CFR 1.8 certificate of mailing procedure
CANNOT be used for filing any papers during the
international stage if the date of depositis desired, If
the 37 CFR 1.8 certificate of mailing procedure is
used, the paper and/or fee will be accorded the date of
receipt in the USPTO unless the receipt date falls ona
Saturday, Sunday, orFederal holiday in which case
the date of receipt will be the next succeeding day
which is not a Saturday, Sunday, or Federal holiday
(37 CFR 1.6(a)(3». Accordingly, the certificate of
mailing procedures of 37 CFR 1.8 are not available to
have a submission during the international stage con-
Aligust2001 1800-40
sidered as timely filed if the submission is not physically
received at the USPTO on or before the due date.
1834.01 Use of Telegraph, Teleprinter,
Facsimile Machine
PCT Rule 92A,provides that a national Office may
receive documents by telegraph, teleprinter, or facsimile
machine. However, .the United. States Patent
and Trademark Office has not informed the International
Bureau that it accepts such submissions other
than facsimile transmissions. Accordingly, applicants
may not currently file papers in international applications
with the United States Patent and Trademark
Office via telegraph or teleprinter.
Generally, any paper may be filed by facsimile
transmission with certain exceptions which are identified
in 37 CFR 1.6(d). It should be noted that a facsimile
transmission ora document is not permitted
and, if submitted, will not be accorded a date of
receipt ifthe document is:
(A) Required by statute to be certified;
(B) A drawing submitted under 37 CFR 1.437;
(C) Aninternational application forpatent; or
(D) A copy, of the international application and
the basic national .Iee necessary to enter the national
stage, as specified in 37 CFR 1.494(b) or 37 CFR
1.495(b).
Facsimile transmission may be used to submit substitute
sheets (other than. drawings), extensions of
time, power of attorney, fee authorizations (other than
the basic national fee), confirmation of precautionary
designations, Demands, response to written opinions,
oaths Or declarations, petitions, and translations in
international applications.
A Certificate of Transmission may be used as providedin
37 CFR 1.8(a)(I) except in the instancesspecificallyexcluded
in 37 CFR' 1.8(a)(2). Note
particularly that the Certificate of Transmission cannot
be used for the filing of an international application
for patent or correspondence in an international
application before the U.S. Receiving Office, the U.S.
International Searching Authority, Or the U.S. International
Preliminary Examining Authority. Guidelines
for facsimile transmission are clearly set forth in 37
CFR 1.6(d) and shonld be read before transmitting by
facsimile machine.