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Author Topic: date of receipt  (Read 883 times)

Jonathan

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date of receipt
« on: 02-01-08 at 01:15 pm »

I think this was discussed before but can someone verify this for me?

The current rules are that there is no such thing as getting today's filing date if a paper is sent electronically, say starting at 8:50 p.m. Pacific time, and fully the transmission ends at 9:05 p.m. Pacific time / 12:05 a.m. Eastern time?

However, given the same set of conditions, using a fax machine and a proper certificate of transmission statement, that same paper would be considered filed today even though receipt didn't complete until the next day Eastern time?

Yes, I am not referring to filing of new patent applications - just later filings - an Office Action response for example.

Thanks!
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Isaac

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Re: date of receipt
« Reply #1 on: 02-01-08 at 01:32 pm »

Certainly, you are correct about the faxing scenario.

Your electronic filing can include a certificate of transmission that will get you a filing date based on your local time for at least some types of submitals (but not for new applications).   There is a thread somewhere on this board correcting me about this.   There is also an EFS FAQ dealing with the issue.   

http://www.uspto.gov/ebc/efs_faq.htm
« Last Edit: 02-01-08 at 01:59 pm by Isaac »
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Isaac
 



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