---
kind: "section"
citation: "37 C.F.R. § 2.197"
title: "37"
number: "2.197"
heading: "Certificate of mailing."
url: "https://uscodex.org/cfr/37/2.197"
---

# §2.197. Certificate of mailing.

- (a) The filing date of correspondence submitted under this section is the date of deposit with the USPS if the correspondence:
  - (1) Is addressed as set out in [§ 2.190](/cfr/37/2.190.md) and deposited with the USPS with sufficient postage as first-class mail; and
  - (2) **Includes a certificate of mailing for each piece of correspondence that—**
    - (i) Attests to the mailing and the address used;
    - (ii) Includes the name of the document and the application serial number or USPTO reference number, if assigned, or registration number to which the document pertains;
    - (iii) Is signed separately from any signature for the correspondence by a person who has a reasonable basis to expect that the correspondence would be mailed on the date indicated; and
    - (iv) **Sets forth the date of deposit with the USPS.**
- (b) If correspondence is mailed in accordance with [paragraph (a)](#a) of this section, but not received by the Office, the party who mailed such correspondence may file a petition to the Director under [§ 2.146(a)(2)](/cfr/37/2.146.md?p=a-2) to consider such correspondence filed in the Office on the date of deposit with the USPS. The petition must:
  - (1) Be filed within two months after the date of mailing;
  - (2) Include a copy of the previously mailed correspondence and certificate; and
  - (3) **Include a verified statement attesting to the facts of the original mailing.**
- (c) If the certificate of mailing does not meet the requirements of [paragraph (a)(2)](#a-2) of this section, the filing date is the date the Office receives the submission.

## Notes

### Amendments

[84 FR 37097, July 31, 2019]

### Source

Source: 68 FR 48289, Aug. 13, 2003, unless otherwise noted.

### Authority

Authority: 15 U.S.C. 1113, 1123; 35 U.S.C. 2; sec. 10, Pub. L. 112-29, 125 Stat. 284; Pub. L. 116-260, 134 Stat. 1182, unless otherwise noted. Sec. 2.99 also issued under secs. 16, 17, 60 Stat. 434; 15 U.S.C. 1066, 1067.

### Source

Source: 30 FR 13193, Oct. 16, 1965, unless otherwise noted.

### Amendments

[84 FR 37097, July 31, 2019]