Help with a USPTO certificate of mailing

April 21, 2009 11:17 AM

USPTO question: Am I the only person who needs to fill out the Certificate of Mailing, or does something need to be filled out/signed/stamped by the post office? Looking at the form, it looks like something that only I need to sign, but when I spoke to a woman at the PTO on the phone, she said that I needed to get the post office to do something. I don't think that's right, reading the reg, and looking at the form, but I was looking for a little advice. Thanks!
posted by mercredi to law & government (9 comments total)

Have you paid for the service yet ? It costs $1.10 for the certificate (for an envelope). I just looked at one I recently got and the post office date stamped it.
posted by cmgonzalez at 11:23 AM on April 21, 2009

I think you're talking about certified mail. The certificate of mailing is a signed document that you have to file with certain patent office documents to certify that you actually put them in the mail the day you say you did.
http://www.uspto.gov/web/forms/sb0092.pdf

I had thought that I just needed to sign it, but just had a sort of circular conversation with a PTO employee where the implication was that I needed to get the post office to do something as well. So I'm trying to find out if anyone had more experience with this and had a definitive answer.

thanks!
posted by mercredi at 11:28 AM on April 21, 2009

Based on the small amount of searching i just did, it appears that the form has a place for a hand-stamped postmark, which can only be received at a post office.

Really, how could you prove that you mailed something on a certain date unless someone official datestamped the form? I don't think you could just attach the form with a paperclip to your letter, put it in a mailbox, and then wait for the postman to bring you back your verified certificate.

The way it seems to work is, you take your letter to the post office, they take it from you, probably verify that all the info on the certificate matches the info on the envelope, and then they give you proof in the form of a postmark that you were there on THAT date and handed the letter off for mailing.
posted by hippybear at 11:47 AM on April 21, 2009

Just a tad more info on what the Post Office says about this here.
posted by hippybear at 11:48 AM on April 21, 2009

...and I didn't see that link to the uspto .pdf in your response, and now am uncertain that I know anything about this.
posted by hippybear at 11:58 AM on April 21, 2009

The Certificate of Mailing is basically testimony to the USPTO that you mailed the thing on time. You can use regular first class mail. Their relevants rules are here. Note the exceptions where a Certificate of Mailing will not work. Obviously keep a copy for yourself of your filing.

I see you're in DC, so if you're concerned or just curious, another option is to hand-carry the filing to the PTO, where they will date-stamp a postcard you can bring listing the stuff you're filing.

Disclaimer: I am not your IP lawyer.
posted by exogenous at 12:32 PM on April 21, 2009

To more directly answer your question: the post office does not need to do anything special with the Certificate.
posted by exogenous at 12:33 PM on April 21, 2009

Thanks exogenous. That's what I thought, but then made the mistake of seeking clarification from my good friends at the office of enrollment and discipline and it all became clear as mud. Ironically, this is part of the ongoing paperwork to earn the dubious privilege to take the patent bar, a choice that is looking less and less appealing each time I have to deal with the patent office.

I would hand-carry, but this is all an issue in the first place because of bad timing that means I need to file this saturday.

anyway, thanks for the help.
posted by mercredi at 12:41 PM on April 21, 2009

Glad to help. BTW you probably saw this, but from the rules it looks like the Office of Enrollment and Dicipline might be one of the exceptions to the certificate of mailing rules (i.e. the certificate might not work). Good luck!
posted by exogenous at 12:57 PM on April 21, 2009