What are the two methods to ensure the mailing date serves as the filing date?

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The correct answer is based on the established practices within the United States Patent and Trademark Office (USPTO) for ensuring that the mailing date is recognized as the official filing date of a patent application.

When a Certificate of Mailing is included, it provides evidence that the application was placed in the mail on a specific date. This certificate essentially acts as a date-stamping mechanism that allows the application to be considered as filed as of the date it was sent, rather than the date it is received by the USPTO. Similarly, the use of express mail, specifically via the USPS® as designated by the USPTO, also ensures that timely delivery is guaranteed. This method aligns with the regulations set forth by the USPTO and effectively provides proof of the filing date.

In contrast, while electronic submission through the USPTO website is a valid method of filing and will ensure an immediate filing date, it does not involve the insurance of a mailing date since it is submitted directly online. Filing in person at a USPTO office establishes a filing date upon submission but does not involve a mailing date, and the use of overnight delivery services can help in timely receipt but would not automatically guarantee the mail date as the filing date without supplementary evidence like a Certificate of Mailing. The

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