Can the Priority Mail Express® procedure be used for filing papers in PCT applications?
Yes, the Priority Mail Express® procedure can be used for filing papers in PCT applications with the USPTO. According to MPEP 1834:
“The Priority Mail Express® procedure set forth at 37 CFR 1.10 applies to papers filed with the U.S. Patent and Trademark Office (USPTO) in international applications. Accordingly, papers filed with the USPTO in international applications will be accorded by the USPTO the ‘date accepted’ indicated on the Priority Mail Express® mailing label as the date of filing in the USPTO if the provisions of 37 CFR 1.10 are complied with.”
This means that the date on the Priority Mail Express® mailing label will be considered the filing date if all requirements are met. For questions about the date of deposit, additional provisions in 37 CFR 1.10(c) – (e) apply.
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