What should I do if there’s a discrepancy between the USPTO filing date and the Priority Mail Express® “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 file a petition under 37 CFR 1.10(c). MPEP 513 states that such a petition should:

• Be filed promptly after becoming aware of the discrepancy
• Include evidence that the Priority Mail Express® number was placed on the correspondence before mailing
• Include a true copy of the Priority Mail Express® mailing label showing the “date accepted”

The petition should be filed as soon as the discrepancy is noticed to ensure timely correction of the filing date.