What happens if a patent application is deposited with Priority Mail Express® but the USPS loses it?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. If a patent application is deposited with Priority Mail Express® and the USPS loses it, the USPTO will consider the application to be filed on the date of deposit, provided certain conditions are met. According to MPEP 513 : “Even if the USPS loses the Priority Mail Express® package, the party who filed the application would still have evidence that the application was timely filed.” To ensure this protection, applicants should: Keep the Priority Mail Express® mailing label Obtain and retain the ‘date-in’ receipt Be prepared to provide evidence of the contents of the package If these conditions are met, the USPTO will consider the application filed as of the ‘date-in’ on the Priority Mail Express® label, regardless of when (or if) the package actually arrives at the USPTO. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Filing Date as of Deposit for Priority Mail Express MPEP 513 Priority Mail Express Mailing Label Must Indicate Deposit Date MPEP 513 Filing Date for Priority Mail Express Correspondence MPEP 513 Priority Mail Express Mailing Label Required MPEP 513 Recommended Priority Mail Express Mailing Label Determines Filing Date MPEP 513 Filing Date for Priority Mail Express Deposits MPEP 513 Filing Date Requires Priority Mail Express Before Last Pickup MPEP 513 Required Date of Deposit for Priority Mail Express Correspondence MPEP 513 Permitted Filing Date for Priority Mail Express Not Denied Due to Addressing or Postage MPEP 513 Priority Mail Express Filing Date Is USPS-Entered Date MPEP 513 Other Related FAQs 5 FAQs Collapse How can I petition for my correspondence to be considered filed on a particular date due to a postal emergency? What should I do if...