An applicant's reply to an Office action is due on July 15, 2026. On July 15, 2026, her attorney deposits the reply as first-class mail addressed to the USPTO, with a signed certificate of mailing dated July 15, 2026. The USPTO receives it on July 21, 2026. Is the reply timely?
Answer: Yes, because the certificate makes it timely as of July 15, 2026. Under 37 CFR 1.8, correspondence required within a set period is considered timely if it is deposited as first-class mail before the period expires with a certificate stating the date of deposit. The paper is still given its actual receipt date for other purposes, such as which fee amount applies (MPEP 512). Why not the others: - Receipt date only: the certificate of mailing exists precisely to avoid that result. - July 15 for every purpose: the certificate affects timeliness only; the Office's date of receipt remains July 21. - New applications: a certificate of mailing cannot be used to obtain a filing date for a new application. - Priority Mail Express is required: it is one option (1.10); first-class mail with a certificate is another. Rule: A 1.8 certificate makes correspondence timely, but the receipt date stays the filing date of the paper. Source: MPEP § 512 (9th ed., Rev. 01.2024); 37 CFR 1.8(a); as at Oct 2026
Thinking the certificate changes the paper's official receipt date.
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