Service by mail and due process
On the flip side, note Ex parte Smart:
The two-month time period for filing an appeal or commencing a civil
action, as recited in 37 C.F.R. § 1.304, or for filing a request for rehearing,
as recited in 37 C.F.R. § 41.52, begins to run from the “MAIL DATE”
(paper delivery mode) or the “NOTIFICATION DATE” (electronic delivery
mode) shown on the PTOL-90A cover letter attached to this decision.
And as to the USPTO:
If the papers responding to the Office Action were mailed and then delivered by the
Postal Service, then the Patent Office will accept as the filing date the date on which the paper is
deposited into a mail box or otherwise given to the Post Office, provided that a Certificate of
Mailing is provided with or on the papers. Absent a certificate, the papers are given as a filing
date the date they are actually received by the PTO.
I hereby certify that this correspondence is being deposited with the United States Postal
Service as First Class Mail in an envelope addressed to: Commissioner for Patents
Post Office Box 1450, Alexandria, Virginia 22313-1450, on June 14, 2003.
Registration No. __,___
--The Certificate of Mailing should be on the first page of the document. Typically this is
done in a text box located adjacent the heading.
Certificate of Mailing under 37 CFR Rule 1.8