How does the USPTO handle patent applications during postal service emergencies?
During postal service emergencies, the USPTO takes special measures to ensure patent applications are handled appropriately:
- The USPTO Director may designate the interruption or emergency as a ‘postal service interruption or emergency’ under 35 U.S.C. 21(a).
- This designation allows for the acceptance of filings that would have been timely filed if not for the postal service interruption or emergency.
- The USPTO may publish a notice in the Official Gazette and on its website about the designation and any special procedures to be followed.
As stated in MPEP 511: The USPTO will consider on a case-by-case basis whether to waive the date indicated on any certificate of mailing or transmission accompanied by a showing which establishes to the satisfaction of the Director that the delay was due to the emergency.
To learn more:
Topics:
MPEP 500 - Receipt and Handling of Mail and Papers,
MPEP 511 - Postal Service Interruptions and Emergencies,
Patent Law,
Patent Procedure