49. In accordance with the MPEP and USPTO rules and procedure, correspondence transmitted to the USPTO by facsimile is not permitted in certain situations. Which of the following facsimile transmissions to the USPTO will be accorded a date of receipt by the USPTO?
(A) Facsimile transmission of a request for reexamination under 37 CFR 1.510 or 1.913.
(B) Facsimile transmission of drawings submitted under 37 CFR 1.81, 1.83 through 1.85, 1.152, 1.165, 1.174, or 1.437.
(C) Facsimile transmission of a response to a Notice of Incomplete Nonprovisional Application for the purpose of obtaining an application filing date.
(D) Facsimile transmission of a correspondence to be filed in a patent application subject to a secrecy order under 37 CFR 5.1 through 5.5 and directly related to the secrecy order content of the application.
(E) Facsimile transmission of a continued prosecution application under 37 CFR 1.53(d) and an authorization to charge the basic filing fee to a deposit account.
49. ANSWER: Choice (E) is the correct answer. MPEP § 502.01, and 37 C.F.R. § 1.6(d)(3).
MPEP § 502.01 reads, “The date of receipt accorded to any correspondence permitted to be sent
by facsimile transmission, including a continued prosecution application (CPA) filed under 37
C.F.R. § 1.53(d), is the date the complete transmission is received by an Office facsimile
unit…An applicant filing a CPA by facsimile transmission must include an authorization to
charge the basic filing fee to a deposit account or to a credit card.” Choice (A) is incorrect
because 37 C.F.R. § 1.6(d) states, “Facsimile transmissions are not permitted and, if submitted,
will not be accorded a date of receipt in the following situations: …(5) A request for
reexamination under §1.510 or § 1.913.” Choice (B) is incorrect because 37 C.F.R. § 1.6(d) also
states, “Facsimile transmissions are not permitted and, if submitted, will not be accorded a date
of receipt in the following situations: …(4) Drawings submitted under §§ 1.81, 1.83 through
1.85, 1.152, 1.165, 1.174, 1.437, 2.51, 2.52, or 2.72.” Choice (C) is incorrect because 37 C.F.R.
§ 1.6(d) also states, “Facsimile transmissions are not permitted and, if submitted, will not be
accorded a date of receipt in the following situations: …(3) Correspondence which cannot
receive the benefit of the certificate of mailing or transmission as specified in 1.8(a)(2)(i)(A)…”
37 C.F.R. § 1.8(a)(2)(i)(A) reads, “The filing of a national patent application specification and
drawing or other correspondence for the purpose of obtaining an application filing date…”
Choice (D) is incorrect because 37 C.F.R. § 1.6(d) also states, “Facsimile transmissions are not
permitted and, if submitted, will not be accorded a date of receipt in the following situations:
…(6) Correspondence to be filed in a patent application subject to a secrecy order under §§ 5.1
through 5.5 of this chapter and directly related to the secrecy order content of the application.”
Facsimile transmissions not permitted and, if submitted, will NOT be accorded a date of receipt in the following situations:
1) Correspondence requiring a person’s signature
2) filing of a national patent application specification and drawing or other correspondence for the purpose of obtaining an application filing date,
3) request for a continued prosecution application under § 1.53(d);
4) Papers filed in contested cases before the Board of Patent Appeals and Interferences;
5) The filing of an international application for patent; The filing of a copy of the international application and the basic national fee necessary to enter the national stage
6) Color drawings
7) A request for reexamination
Correspondence to be filed in a patent application subject to a secrecy directly related to the secrecy order content of the application
9) In contested cases before the Board of Patent Appeals and Interferences except as the Board may expressly authorize
EXCEPT that a continued prosecution application under § 1.53(d) may be transmitted to the Office by facsimile;
{ 8 comments… read them below or add one }
Is # 3) in the list above correct?
MPEP 502.01 says:
An applicant filing a CPA for a design application only by facsimile transmission must include an authorization to charge the basic filing fee to a deposit account or to a credit card, or the application will be treated under 37 CFR 1.53(f) as having been filed without the basic filing fee (as fees cannot otherwise be transmitted by facsimile).
There is a special receipt procedure for filing a CPA by fax, whereby the Office will fax back a receipt of the CPA filing if applicant submits the Office receipt form along with the CPA filing.
Hi I’m new here. I am sorry if this this is not the right place for this post but I was wondering If some one
here on mypatentbar.com would be able to assist me to choose the better category. The forums here are absolutely wonderful and
certainly plan on sticking around for as long as I am welcome and learn more from you huys.
It seems B is now correct to because the new MPEP (e8r8) says in 1.6(d)(4) Color drawings submitted under §§ 1.81,
1.83 through 1.85, 1.152, 1.165, 1.173, or 1.437; are not acceptable, so a drawing would be acceptable.
I believe you’re correct. Also see MPEP 502.01 under subheading II. After the list of prohibited mailings, it notes ” Applicants are reminded that the facsimile process may reduce the quality of the drawings, and the Office will generally print the drawings as received.”
got this 2/2
Hi PCTearsofJoy, did the most recent version of the question allow for 2 correct answers? (since both B and E are now correct?)
Miranda, I picked E on the exam only because it stood out instantly and also because I knew for a fact that CPAs can be faxed. Drawings? I’m still not sure, even after looking it up and reading the comments above. But I figured that since there’s no way to pick two answers on the exam, why not just go with the one that I could definitely confirm? So I went w/ CPA. Hope that helps!
triedandtested: you are absolutely right 3 (request for a continued prosecution application under § 1.53(d); ) in the above list is /b not correct.
37 CFR 1.6. Receipt of correspondence.
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(f) Facsimile transmission of a patent application under §1.53(d). In the event that the Office has no evidence of receipt of an application under § 1.53(d) (a continued prosecution application) transmitted to the Office by facsimile transmission, the party who transmitted the application under § 1.53(d) may petition the Director to accord the application under § 1.53(d) a filing date as of the date the application under § 1.53(d) is shown to have been transmitted to and received in the Office,
(1) Provided that the party who transmitted such application under § 1.53(d):
(i) Informs the Office of the previous transmission of the application under § 1.53(d) promptly after becoming aware that the Office has no evidence of receipt of the application under § 1.53(d);
(ii) Supplies an additional copy of the previously transmitted application under § 1.53(d); and
(iii) Includes a statement which attests on a personal knowledge basis or to the satisfaction of the Director to the previous transmission of the application under § 1.53(d) and is accompanied by a copy of the sending unit’s report confirming transmission of the application under § 1.53(d) or evidence that came into being after the complete transmission and within one business day of the complete transmission of the application under § 1.53(d).
(2) The Office may require additional evidence to determine if the application under § 1.53(d) was transmitted to and received in the Office on the date in question.