What should I do if there’s a discrepancy between the USPTO filing date and the USPS ‘date accepted’?

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 there’s a discrepancy between the filing date accorded by the USPTO and the ‘date accepted’ on the Priority Mail Express® mailing label, you can petition the Director under 37 CFR 1.10(c). The petition should:

• Be filed promptly after becoming aware of the discrepancy
• Include evidence that the Priority Mail Express® mailing label number was placed on each piece of correspondence before mailing
• Include a true copy of the Priority Mail Express® mailing label showing the ‘date accepted’ or other official USPS notation

As stated in the MPEP: 37 CFR 1.10(c) sets forth procedures for filing a petition to the Director for a filing date as of the date of deposit with the USPS, where there is a discrepancy between the filing date initially accorded by the Office and the ‘date accepted’ entered by the USPS or other official USPS notation.