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

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The two methods to ensure that the mailing date serves as the filing date are primarily established by including a Certificate of Mailing and utilizing express mailing. A Certificate of Mailing is a document that indicates the date the item was placed in the mail, thereby allowing the applicant to assert that mailing date as the official filing date, provided that it complies with the regulations set forth by the United States Patent and Trademark Office (USPTO). Express mailing, specifically through the USPS Express Mail service, also allows the mailing date to be considered the filing date if properly used, as the USPTO has protocols that recognize such filings under specific conditions.

Submitting electronically via the USPTO website is efficient, but it does not involve mailing and therefore does not fall under the context of this question. Filing in person at a USPTO office ensures immediate receipt but doesn’t serve the purpose of establishing a mailing date. Utilizing overnight delivery services may seem like a quick option, but unless it is properly documented and aligns with USPTO regulations, it does not guarantee the mailing date as the filing date.

Thus, the combination of submitting a Certificate of Mailing and using express mailing aptly addresses the question about ensuring the mailing date serves as the filing date in patent applications.

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