What should I do if the Priority Mail Express® label is illegible?
What should I do if the Priority Mail Express® label is illegible?
If the Priority Mail Express® label on your patent application package becomes illegible, it’s crucial to take immediate action to protect your filing date. The MPEP 513 provides guidance on this situation:
“If the Priority Mail Express® mailing label is not placed on the papers to be filed but on the outside of a package, the person mailing the papers should ensure that the Priority Mail Express® mailing label number is placed on each paper filed.”
To address an illegible label:
- Immediately contact the USPTO to report the issue
- Provide any available evidence of the mailing (e.g., receipt, tracking information)
- Submit a petition to the USPTO explaining the circumstances
- Include any supporting documentation to prove the mailing date
It’s best to prevent this issue by clearly writing the Priority Mail Express® label number on each document in the package before mailing. This ensures that even if the label becomes illegible, the USPTO can still identify and date your submission correctly.
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