Q) Certificate of Mailing (10.03.34p)

by admin on April 18, 2010 · 9 comments

in Exam Questions

Recent test takers report that question #34 from the October 2003 (PM) test is in the patent bar exam database.

34. In accordance with the patent laws, rules and procedures as related in the MPEP , which of the following paper is precluded from receiving the benefit of a certificate of mailing or transmission under 37 CFR 1.8?
(A) An amendment, replying to an Office action setting a period for reply, transmitted by mail with a certificate of mailing to the USPTO from a foreign country.
(B) An amendment, replying to an Office action setting a period for reply, transmitted by facsimile with a certificate of transmission to the USPTO from a foreign country.
(C) An information disclosure statement (IDS) under 37 CFR 1.97 and 1.98 transmitted after the first Office action.
(D) A request for continued examination (RCE) under 37 CFR 1.114.
(E) An appeal brief.

ANSWER: (A) is the most correct answer. See MPEP § 512, which states “The Certificate of Mailing procedure does not apply to papers mailed in a foreign country.” (B) is not correct. See MPEP § 512. Certificate of transmission procedure applies to correspondence transmitted to the Office from a foreign country and an amendment is not prohibited from being transmitted by facsimile and is not precluded from receiving the benefits under 37 CFR § 1.8. (C) is not correct. See MPEP § 609, subsection “Time for Filing.” An IDS will be considered to have been filed on the date of mailing if accompanied by a properly executed certificate of mailing or facsimile transmission under 37 CFR § 1.8. (D) is not correct. See MPEP § 706.07(h) Comparison Chart. An RCE is entitled to the benefit of a certificate of mailing or transmission under 37 CFR § 1.8. (E) is not correct. See MPEP § 1206. An appeal brief is entitled to the benefit of a certificate of mailing or transmission under 37 CFR § 1.8 because it is required to be filed in the Office within a set time period which is 2 months from the date of appeal.

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Marketing Automation
February 22, 2012 at 4:37 am

{ 8 comments… read them below or add one }

1 MaggieNo Gravatar October 31, 2011 at 1:16 pm

Certificate of mailing can not be used for:
(1) Any paper from a foreign country.
(2) Any paper for a PCT
(3) CPA 1.53(d) filing (because considered a new application)

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2 MaggieNo Gravatar October 31, 2011 at 4:00 pm

(4) No new applications
(5) No interference paper

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3 SoBeNo Gravatar November 1, 2011 at 12:41 am

(6) No requests to rescind a nonpublication request

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4 SolNo Gravatar April 4, 2012 at 2:10 am

no to rescission
but yes to notice of foreign filing
and also
no to Papers submitted for redaction

5 KFNo Gravatar October 31, 2011 at 11:37 pm

Faxing CAN be used for an amendment from a foreign country. But NOT for filing an Int’l application and transmitting the fee?? I had it in my head that faxing and international apps didn’t go together, but it looks like they can when it is amendments or othe responses to office actions?

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6 KFNo Gravatar October 31, 2011 at 11:38 pm

Maggie-when do you take the test?

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7 DavidNo Gravatar February 19, 2012 at 1:34 am

Had this Q on 2/10/2012

Reply

8 ZNo Gravatar March 31, 2013 at 2:06 pm

Got this 3/30/13.

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