How does the USPTO handle patent applications during postal service emergencies?

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.

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.