What can be filed by fax

General

Addressing of Correspondence – no penalty, expect to the general solicitor, to addressing the mail

to the wrong area within the PTO

Hand Delivery – all correspondence except relating to pending litigation can be hand delivered

Express Mail – if USPS “Post Office to Addressee” service is used, use date of deposit

Facsimile – date stamped is the date that the transmission is complete at the PTO (EST).

If fax is not received, it can still receive the date that it was sent if sender provides statement

that fax was sent and the provides the sender’s report confirming transmission. Fax is usually acceptable

after an application has commenced including:

• CPAs

• amendments

• declarations

• petitions

• issue fee transmittals

• authorizations to charge deposit account

Fax is not acceptable for:

• document that is required by statute to be certified

• application or other doc for obtaining an application filing date

• drawings under certain rules

• judge order

• interference agreements

• some interference correspondence

• secrecy related

• international application

• copy of application and fee to enter national stage

• request for reexam

Internet – Permissible communication includes all situations except those which otherwise require

a signature, or replies to office actions. When email is used, a printed copy must be given a paper number

and entered into PALM. Written authorization is required for PTO employees to communicate via internet

with an applicant for reissues and reexams.

Signature Requirements – original signatures are generally not required. Copies are not permitted for:

1) docs that relate to registration practice before the PTO in patent cases,

2) enrollment and disciplinary investigations, and

3) disciplinary proceedings