Patent Law FAQ

The United States Patent and Trademark Office (USPTO) stamps correspondence received with the date of receipt, known as the ‘Office Date’ stamp. This applies to papers and fees received through various methods:

• Mail (except Priority Mail Express®)
• Facsimile
• EFS-Web
• Hand-carried to the Customer Service Window

As stated in the MPEP: The United States Patent and Trademark Office (Office) stamps papers and fees received through the mail (other than those submitted by Priority Mail Express® in accordance with 37 CFR 1.10), by facsimile, or via EFS-Web with the date of their receipt in the Office.

The ‘Office Date’ stamp is used by the USPTO to mark the receipt date of papers and fees. According to MPEP 505, The United States Patent and Trademark Office (Office) stamps papers and fees received through the mail (other than those submitted by Priority Mail Express® in accordance with 37 CFR 1.10), by facsimile, or via EFS-Web with the date of their receipt in the Office.

The ‘Office Date’ stamp is crucial because:

• It establishes the filing date for new patent applications that include the necessary components (see 37 CFR 1.53(b)-(d))
• It determines the timeliness of actions and fee payments

For hand-carried papers, date stamping occurs at the Customer Service Window.

For more information on Office Date stamp, visit: Office Date stamp.

For more information on USPTO, visit: USPTO.

If there’s a discrepancy between the USPTO’s date stamp and the date on the correspondence, the USPTO’s date stamp is generally considered the official receipt date. However, if an applicant can provide clear evidence that the correspondence was received earlier than the date indicated by the USPTO’s stamp, the earlier date may be recognized as the official receipt date. This situation might occur due to clerical errors or delays in processing incoming mail.

If the USPTO receives a document without a date of receipt stamp, the Office will assign the document a date of receipt based on other evidence. This may include:

• The date of receipt indicated on an Express Mail label
• The date of deposit indicated on a certificate of mailing
• The date of transmission indicated on a certificate of transmission
• Other corroborating evidence, such as a postmark on an envelope

In cases where no other evidence is available, the USPTO may assign the date of receipt as the date the document was matched with the file wrapper.

If the date of receipt stamp is illegible or missing, the USPTO will make every effort to determine the correct date of receipt. This may involve examining other evidence, such as postmarks, electronic filing receipts, or other documentation. If the correct date cannot be determined, the USPTO may use the date it was discovered that the document was received as the date of receipt. Applicants should always ensure that their submissions are properly dated and stamped to avoid potential issues with filing dates.

When a USPTO deadline falls on a weekend or holiday, the due date is automatically extended. According to MPEP 505, When the last day for taking any action or paying any fee in the Office falls on a Saturday, Sunday, or a Federal holiday within the District of Columbia, the action or the fee is considered timely if the action is taken or the fee is paid on the next succeeding business day.

This rule applies to various USPTO actions, including:

• Filing responses to Office Actions
• Paying maintenance fees
• Submitting other time-sensitive documents

It’s important to note that while the deadline is extended, the USPTO is still closed on these days for regular correspondence receipt.

For more information on patent procedure, visit: patent procedure.

For more information on USPTO deadlines, visit: USPTO deadlines.

The filing date of a patent application is determined by the ‘Office Date’ stamp, provided the application includes all necessary components for a filing date. The MPEP states:

If an application as originally filed includes the necessary components for a filing date (see 37 CFR 1.53(b)-(d) and MPEP § 506), the ‘Office Date’ stamp establishes the ‘filing date.’

This means that the date stamped on the application by the USPTO becomes the official filing date, as long as all required elements are present. It’s crucial for applicants to ensure their submissions are complete to secure the earliest possible filing date.

Priority Mail Express® submissions to the USPTO are handled differently from regular mail. According to MPEP 505, New patent applications filed in accordance with 37 CFR 1.10 will be stamped by the Office with the date of deposit as Priority Mail Express® with the United States Postal Service.

This means:

• The date of deposit with USPS is used as the receipt date, not the date it arrives at the USPTO
• This applies even on weekends and holidays when the USPTO is closed

For example, if a new patent application is deposited in Priority Mail Express® in accordance with 37 CFR 1.10 on a Saturday and the United States Postal Service gives it a date of deposit of Saturday, the Office will accord and stamp the correspondence with the Saturday date.

For more information on Priority Mail Express, visit: Priority Mail Express.

For more information on USPTO, visit: USPTO.

The USPTO does not officially receive mail on weekends or federal holidays when the office is closed. Any correspondence received on these days is typically stamped with the next business day’s date. For example, if mail is delivered to the USPTO on a Saturday, it will be stamped with the following Monday’s date (or Tuesday if Monday is a holiday). This practice ensures consistency in dating received documents and aligns with the USPTO’s official business hours.

The USPTO has specific rules for dating facsimile transmissions. According to 37 CFR 1.6(a)(3):

Correspondence transmitted by facsimile to the Patent and Trademark Office will be stamped with the date on which the complete transmission is received in the Patent and Trademark Office unless that date is a Saturday, Sunday, or Federal holiday within the District of Columbia, in which case the date stamped will be the next succeeding day which is not a Saturday, Sunday, or Federal holiday within the District of Columbia.

This means that faxed correspondence is generally dated on the day of complete transmission, except for weekends and holidays, where it’s dated the next business day.

The USPTO does not receive or process correspondence on Saturdays, Sundays, or Federal holidays within the District of Columbia, with some exceptions. According to 37 CFR 1.6(a)(1):

The Patent and Trademark Office is not open for the filing of correspondence on any day that is a Saturday, Sunday, or Federal holiday within the District of Columbia. Except for correspondence transmitted by facsimile under paragraph (a)(3) of this section, or filed electronically under paragraph (a)(4) of this section, no correspondence is received in the Office on Saturdays, Sundays, or Federal holidays within the District of Columbia.

When the last day for taking action or paying a fee falls on a weekend or holiday, it’s considered timely if done on the next business day: When the last day for taking any action or paying any fee in the Office falls on a Saturday, Sunday, or a Federal holiday within the District of Columbia, the action or the fee is considered timely if the action is taken or the fee is paid on the next succeeding business day.

Priority Mail Express® submissions to the USPTO are treated differently in terms of dating. According to 37 CFR 1.6(a)(2):

Correspondence filed in accordance with § 1.10 will be stamped with the date of deposit as Priority Mail Express® with the United States Postal Service.

This means that new patent applications filed using Priority Mail Express® will be stamped with the date they were deposited with USPS, even if that date is a Saturday, Sunday, or federal holiday. The MPEP provides an example:

For example, if a new patent application is deposited in Priority Mail Express® in accordance with 37 CFR 1.10 on a Saturday and the United States Postal Service gives it a date of deposit of Saturday, the Office will accord and stamp the correspondence with the Saturday date.

The USPTO has specific rules for dating electronically filed submissions. According to 37 CFR 1.6(a)(4):

Correspondence may be submitted using the Office electronic filing system only in accordance with the Office electronic filing system requirements. Correspondence submitted to the Office by way of the Office electronic filing system will be accorded a receipt date, which is the date the correspondence is received at the correspondence address for the Office set forth in § 1.1 when it was officially submitted.

The MPEP further clarifies: Similarly, correspondence submitted via the USPTO electronic filing system (EFS-Web) will be accorded a receipt date on the date the correspondence is received at the correspondence address for the Office set forth in 37 CFR 1.1 (i.e., local time in Alexandria, VA), without regard to whether that date is a Saturday, Sunday, or Federal holiday within the District of Columbia.

Electronically filed patent applications receive special treatment for date-stamping at the USPTO. According to MPEP 505, Correspondence submitted to the Office by way of the Office electronic filing system will be accorded a receipt date, which is the date the correspondence is received at the correspondence address for the Office set forth in § 1.1 when it was officially submitted.

Key points about electronic filing date-stamping:

• The receipt date is based on the time in Alexandria, VA (USPTO’s location)
• Electronic submissions can receive a date stamp on any day, including weekends and holidays
• The electronic filing system (EFS-Web) must be used in accordance with USPTO requirements

For more details on electronic filing, refer to MPEP § 502.05.

For more information on EFS-Web, visit: EFS-Web.

For more information on electronic filing, visit: electronic filing.

For more information on USPTO, visit: USPTO.

The United States Patent and Trademark Office (USPTO) stamps correspondence received with the date of receipt, known as the ‘Office Date’ stamp. This applies to papers and fees received through various methods:

• Mail (except Priority Mail Express®)
• Facsimile
• EFS-Web
• Hand-carried to the Customer Service Window

As stated in the MPEP: The United States Patent and Trademark Office (Office) stamps papers and fees received through the mail (other than those submitted by Priority Mail Express® in accordance with 37 CFR 1.10), by facsimile, or via EFS-Web with the date of their receipt in the Office.

The ‘Office Date’ stamp is used by the USPTO to mark the receipt date of papers and fees. According to MPEP 505, The United States Patent and Trademark Office (Office) stamps papers and fees received through the mail (other than those submitted by Priority Mail Express® in accordance with 37 CFR 1.10), by facsimile, or via EFS-Web with the date of their receipt in the Office.

The ‘Office Date’ stamp is crucial because:

• It establishes the filing date for new patent applications that include the necessary components (see 37 CFR 1.53(b)-(d))
• It determines the timeliness of actions and fee payments

For hand-carried papers, date stamping occurs at the Customer Service Window.

For more information on Office Date stamp, visit: Office Date stamp.

For more information on USPTO, visit: USPTO.

If there’s a discrepancy between the USPTO’s date stamp and the date on the correspondence, the USPTO’s date stamp is generally considered the official receipt date. However, if an applicant can provide clear evidence that the correspondence was received earlier than the date indicated by the USPTO’s stamp, the earlier date may be recognized as the official receipt date. This situation might occur due to clerical errors or delays in processing incoming mail.

If the USPTO receives a document without a date of receipt stamp, the Office will assign the document a date of receipt based on other evidence. This may include:

• The date of receipt indicated on an Express Mail label
• The date of deposit indicated on a certificate of mailing
• The date of transmission indicated on a certificate of transmission
• Other corroborating evidence, such as a postmark on an envelope

In cases where no other evidence is available, the USPTO may assign the date of receipt as the date the document was matched with the file wrapper.

If the date of receipt stamp is illegible or missing, the USPTO will make every effort to determine the correct date of receipt. This may involve examining other evidence, such as postmarks, electronic filing receipts, or other documentation. If the correct date cannot be determined, the USPTO may use the date it was discovered that the document was received as the date of receipt. Applicants should always ensure that their submissions are properly dated and stamped to avoid potential issues with filing dates.

When a USPTO deadline falls on a weekend or holiday, the due date is automatically extended. According to MPEP 505, When the last day for taking any action or paying any fee in the Office falls on a Saturday, Sunday, or a Federal holiday within the District of Columbia, the action or the fee is considered timely if the action is taken or the fee is paid on the next succeeding business day.

This rule applies to various USPTO actions, including:

• Filing responses to Office Actions
• Paying maintenance fees
• Submitting other time-sensitive documents

It’s important to note that while the deadline is extended, the USPTO is still closed on these days for regular correspondence receipt.

For more information on patent procedure, visit: patent procedure.

For more information on USPTO deadlines, visit: USPTO deadlines.

The filing date of a patent application is determined by the ‘Office Date’ stamp, provided the application includes all necessary components for a filing date. The MPEP states:

If an application as originally filed includes the necessary components for a filing date (see 37 CFR 1.53(b)-(d) and MPEP § 506), the ‘Office Date’ stamp establishes the ‘filing date.’

This means that the date stamped on the application by the USPTO becomes the official filing date, as long as all required elements are present. It’s crucial for applicants to ensure their submissions are complete to secure the earliest possible filing date.

Priority Mail Express® submissions to the USPTO are handled differently from regular mail. According to MPEP 505, New patent applications filed in accordance with 37 CFR 1.10 will be stamped by the Office with the date of deposit as Priority Mail Express® with the United States Postal Service.

This means:

• The date of deposit with USPS is used as the receipt date, not the date it arrives at the USPTO
• This applies even on weekends and holidays when the USPTO is closed

For example, if a new patent application is deposited in Priority Mail Express® in accordance with 37 CFR 1.10 on a Saturday and the United States Postal Service gives it a date of deposit of Saturday, the Office will accord and stamp the correspondence with the Saturday date.

For more information on Priority Mail Express, visit: Priority Mail Express.

For more information on USPTO, visit: USPTO.

The USPTO does not officially receive mail on weekends or federal holidays when the office is closed. Any correspondence received on these days is typically stamped with the next business day’s date. For example, if mail is delivered to the USPTO on a Saturday, it will be stamped with the following Monday’s date (or Tuesday if Monday is a holiday). This practice ensures consistency in dating received documents and aligns with the USPTO’s official business hours.

The USPTO has specific rules for dating facsimile transmissions. According to 37 CFR 1.6(a)(3):

Correspondence transmitted by facsimile to the Patent and Trademark Office will be stamped with the date on which the complete transmission is received in the Patent and Trademark Office unless that date is a Saturday, Sunday, or Federal holiday within the District of Columbia, in which case the date stamped will be the next succeeding day which is not a Saturday, Sunday, or Federal holiday within the District of Columbia.

This means that faxed correspondence is generally dated on the day of complete transmission, except for weekends and holidays, where it’s dated the next business day.

The USPTO does not receive or process correspondence on Saturdays, Sundays, or Federal holidays within the District of Columbia, with some exceptions. According to 37 CFR 1.6(a)(1):

The Patent and Trademark Office is not open for the filing of correspondence on any day that is a Saturday, Sunday, or Federal holiday within the District of Columbia. Except for correspondence transmitted by facsimile under paragraph (a)(3) of this section, or filed electronically under paragraph (a)(4) of this section, no correspondence is received in the Office on Saturdays, Sundays, or Federal holidays within the District of Columbia.

When the last day for taking action or paying a fee falls on a weekend or holiday, it’s considered timely if done on the next business day: When the last day for taking any action or paying any fee in the Office falls on a Saturday, Sunday, or a Federal holiday within the District of Columbia, the action or the fee is considered timely if the action is taken or the fee is paid on the next succeeding business day.

Priority Mail Express® submissions to the USPTO are treated differently in terms of dating. According to 37 CFR 1.6(a)(2):

Correspondence filed in accordance with § 1.10 will be stamped with the date of deposit as Priority Mail Express® with the United States Postal Service.

This means that new patent applications filed using Priority Mail Express® will be stamped with the date they were deposited with USPS, even if that date is a Saturday, Sunday, or federal holiday. The MPEP provides an example:

For example, if a new patent application is deposited in Priority Mail Express® in accordance with 37 CFR 1.10 on a Saturday and the United States Postal Service gives it a date of deposit of Saturday, the Office will accord and stamp the correspondence with the Saturday date.

The USPTO has specific rules for dating electronically filed submissions. According to 37 CFR 1.6(a)(4):

Correspondence may be submitted using the Office electronic filing system only in accordance with the Office electronic filing system requirements. Correspondence submitted to the Office by way of the Office electronic filing system will be accorded a receipt date, which is the date the correspondence is received at the correspondence address for the Office set forth in § 1.1 when it was officially submitted.

The MPEP further clarifies: Similarly, correspondence submitted via the USPTO electronic filing system (EFS-Web) will be accorded a receipt date on the date the correspondence is received at the correspondence address for the Office set forth in 37 CFR 1.1 (i.e., local time in Alexandria, VA), without regard to whether that date is a Saturday, Sunday, or Federal holiday within the District of Columbia.

Electronically filed patent applications receive special treatment for date-stamping at the USPTO. According to MPEP 505, Correspondence submitted to the Office by way of the Office electronic filing system will be accorded a receipt date, which is the date the correspondence is received at the correspondence address for the Office set forth in § 1.1 when it was officially submitted.

Key points about electronic filing date-stamping:

• The receipt date is based on the time in Alexandria, VA (USPTO’s location)
• Electronic submissions can receive a date stamp on any day, including weekends and holidays
• The electronic filing system (EFS-Web) must be used in accordance with USPTO requirements

For more details on electronic filing, refer to MPEP § 502.05.

For more information on EFS-Web, visit: EFS-Web.

For more information on electronic filing, visit: electronic filing.

For more information on USPTO, visit: USPTO.

The United States Patent and Trademark Office (USPTO) stamps correspondence received with the date of receipt, known as the ‘Office Date’ stamp. This applies to papers and fees received through various methods:

• Mail (except Priority Mail Express®)
• Facsimile
• EFS-Web
• Hand-carried to the Customer Service Window

As stated in the MPEP: The United States Patent and Trademark Office (Office) stamps papers and fees received through the mail (other than those submitted by Priority Mail Express® in accordance with 37 CFR 1.10), by facsimile, or via EFS-Web with the date of their receipt in the Office.

The ‘Office Date’ stamp is used by the USPTO to mark the receipt date of papers and fees. According to MPEP 505, The United States Patent and Trademark Office (Office) stamps papers and fees received through the mail (other than those submitted by Priority Mail Express® in accordance with 37 CFR 1.10), by facsimile, or via EFS-Web with the date of their receipt in the Office.

The ‘Office Date’ stamp is crucial because:

• It establishes the filing date for new patent applications that include the necessary components (see 37 CFR 1.53(b)-(d))
• It determines the timeliness of actions and fee payments

For hand-carried papers, date stamping occurs at the Customer Service Window.

For more information on Office Date stamp, visit: Office Date stamp.

For more information on USPTO, visit: USPTO.

If there’s a discrepancy between the USPTO’s date stamp and the date on the correspondence, the USPTO’s date stamp is generally considered the official receipt date. However, if an applicant can provide clear evidence that the correspondence was received earlier than the date indicated by the USPTO’s stamp, the earlier date may be recognized as the official receipt date. This situation might occur due to clerical errors or delays in processing incoming mail.

If the USPTO receives a document without a date of receipt stamp, the Office will assign the document a date of receipt based on other evidence. This may include:

• The date of receipt indicated on an Express Mail label
• The date of deposit indicated on a certificate of mailing
• The date of transmission indicated on a certificate of transmission
• Other corroborating evidence, such as a postmark on an envelope

In cases where no other evidence is available, the USPTO may assign the date of receipt as the date the document was matched with the file wrapper.

If the date of receipt stamp is illegible or missing, the USPTO will make every effort to determine the correct date of receipt. This may involve examining other evidence, such as postmarks, electronic filing receipts, or other documentation. If the correct date cannot be determined, the USPTO may use the date it was discovered that the document was received as the date of receipt. Applicants should always ensure that their submissions are properly dated and stamped to avoid potential issues with filing dates.

When a USPTO deadline falls on a weekend or holiday, the due date is automatically extended. According to MPEP 505, When the last day for taking any action or paying any fee in the Office falls on a Saturday, Sunday, or a Federal holiday within the District of Columbia, the action or the fee is considered timely if the action is taken or the fee is paid on the next succeeding business day.

This rule applies to various USPTO actions, including:

• Filing responses to Office Actions
• Paying maintenance fees
• Submitting other time-sensitive documents

It’s important to note that while the deadline is extended, the USPTO is still closed on these days for regular correspondence receipt.

For more information on patent procedure, visit: patent procedure.

For more information on USPTO deadlines, visit: USPTO deadlines.

The filing date of a patent application is determined by the ‘Office Date’ stamp, provided the application includes all necessary components for a filing date. The MPEP states:

If an application as originally filed includes the necessary components for a filing date (see 37 CFR 1.53(b)-(d) and MPEP § 506), the ‘Office Date’ stamp establishes the ‘filing date.’

This means that the date stamped on the application by the USPTO becomes the official filing date, as long as all required elements are present. It’s crucial for applicants to ensure their submissions are complete to secure the earliest possible filing date.

Priority Mail Express® submissions to the USPTO are handled differently from regular mail. According to MPEP 505, New patent applications filed in accordance with 37 CFR 1.10 will be stamped by the Office with the date of deposit as Priority Mail Express® with the United States Postal Service.

This means:

• The date of deposit with USPS is used as the receipt date, not the date it arrives at the USPTO
• This applies even on weekends and holidays when the USPTO is closed

For example, if a new patent application is deposited in Priority Mail Express® in accordance with 37 CFR 1.10 on a Saturday and the United States Postal Service gives it a date of deposit of Saturday, the Office will accord and stamp the correspondence with the Saturday date.

For more information on Priority Mail Express, visit: Priority Mail Express.

For more information on USPTO, visit: USPTO.

The USPTO does not officially receive mail on weekends or federal holidays when the office is closed. Any correspondence received on these days is typically stamped with the next business day’s date. For example, if mail is delivered to the USPTO on a Saturday, it will be stamped with the following Monday’s date (or Tuesday if Monday is a holiday). This practice ensures consistency in dating received documents and aligns with the USPTO’s official business hours.

The USPTO has specific rules for dating facsimile transmissions. According to 37 CFR 1.6(a)(3):

Correspondence transmitted by facsimile to the Patent and Trademark Office will be stamped with the date on which the complete transmission is received in the Patent and Trademark Office unless that date is a Saturday, Sunday, or Federal holiday within the District of Columbia, in which case the date stamped will be the next succeeding day which is not a Saturday, Sunday, or Federal holiday within the District of Columbia.

This means that faxed correspondence is generally dated on the day of complete transmission, except for weekends and holidays, where it’s dated the next business day.

The USPTO does not receive or process correspondence on Saturdays, Sundays, or Federal holidays within the District of Columbia, with some exceptions. According to 37 CFR 1.6(a)(1):

The Patent and Trademark Office is not open for the filing of correspondence on any day that is a Saturday, Sunday, or Federal holiday within the District of Columbia. Except for correspondence transmitted by facsimile under paragraph (a)(3) of this section, or filed electronically under paragraph (a)(4) of this section, no correspondence is received in the Office on Saturdays, Sundays, or Federal holidays within the District of Columbia.

When the last day for taking action or paying a fee falls on a weekend or holiday, it’s considered timely if done on the next business day: When the last day for taking any action or paying any fee in the Office falls on a Saturday, Sunday, or a Federal holiday within the District of Columbia, the action or the fee is considered timely if the action is taken or the fee is paid on the next succeeding business day.

Priority Mail Express® submissions to the USPTO are treated differently in terms of dating. According to 37 CFR 1.6(a)(2):

Correspondence filed in accordance with § 1.10 will be stamped with the date of deposit as Priority Mail Express® with the United States Postal Service.

This means that new patent applications filed using Priority Mail Express® will be stamped with the date they were deposited with USPS, even if that date is a Saturday, Sunday, or federal holiday. The MPEP provides an example:

For example, if a new patent application is deposited in Priority Mail Express® in accordance with 37 CFR 1.10 on a Saturday and the United States Postal Service gives it a date of deposit of Saturday, the Office will accord and stamp the correspondence with the Saturday date.

The USPTO has specific rules for dating electronically filed submissions. According to 37 CFR 1.6(a)(4):

Correspondence may be submitted using the Office electronic filing system only in accordance with the Office electronic filing system requirements. Correspondence submitted to the Office by way of the Office electronic filing system will be accorded a receipt date, which is the date the correspondence is received at the correspondence address for the Office set forth in § 1.1 when it was officially submitted.

The MPEP further clarifies: Similarly, correspondence submitted via the USPTO electronic filing system (EFS-Web) will be accorded a receipt date on the date the correspondence is received at the correspondence address for the Office set forth in 37 CFR 1.1 (i.e., local time in Alexandria, VA), without regard to whether that date is a Saturday, Sunday, or Federal holiday within the District of Columbia.

Electronically filed patent applications receive special treatment for date-stamping at the USPTO. According to MPEP 505, Correspondence submitted to the Office by way of the Office electronic filing system will be accorded a receipt date, which is the date the correspondence is received at the correspondence address for the Office set forth in § 1.1 when it was officially submitted.

Key points about electronic filing date-stamping:

• The receipt date is based on the time in Alexandria, VA (USPTO’s location)
• Electronic submissions can receive a date stamp on any day, including weekends and holidays
• The electronic filing system (EFS-Web) must be used in accordance with USPTO requirements

For more details on electronic filing, refer to MPEP § 502.05.

For more information on EFS-Web, visit: EFS-Web.

For more information on electronic filing, visit: electronic filing.

For more information on USPTO, visit: USPTO.

The United States Patent and Trademark Office (USPTO) stamps correspondence received with the date of receipt, known as the ‘Office Date’ stamp. This applies to papers and fees received through various methods:

• Mail (except Priority Mail Express®)
• Facsimile
• EFS-Web
• Hand-carried to the Customer Service Window

As stated in the MPEP: The United States Patent and Trademark Office (Office) stamps papers and fees received through the mail (other than those submitted by Priority Mail Express® in accordance with 37 CFR 1.10), by facsimile, or via EFS-Web with the date of their receipt in the Office.

The ‘Office Date’ stamp is used by the USPTO to mark the receipt date of papers and fees. According to MPEP 505, The United States Patent and Trademark Office (Office) stamps papers and fees received through the mail (other than those submitted by Priority Mail Express® in accordance with 37 CFR 1.10), by facsimile, or via EFS-Web with the date of their receipt in the Office.

The ‘Office Date’ stamp is crucial because:

• It establishes the filing date for new patent applications that include the necessary components (see 37 CFR 1.53(b)-(d))
• It determines the timeliness of actions and fee payments

For hand-carried papers, date stamping occurs at the Customer Service Window.

For more information on Office Date stamp, visit: Office Date stamp.

For more information on USPTO, visit: USPTO.

If there’s a discrepancy between the USPTO’s date stamp and the date on the correspondence, the USPTO’s date stamp is generally considered the official receipt date. However, if an applicant can provide clear evidence that the correspondence was received earlier than the date indicated by the USPTO’s stamp, the earlier date may be recognized as the official receipt date. This situation might occur due to clerical errors or delays in processing incoming mail.

If the USPTO receives a document without a date of receipt stamp, the Office will assign the document a date of receipt based on other evidence. This may include:

• The date of receipt indicated on an Express Mail label
• The date of deposit indicated on a certificate of mailing
• The date of transmission indicated on a certificate of transmission
• Other corroborating evidence, such as a postmark on an envelope

In cases where no other evidence is available, the USPTO may assign the date of receipt as the date the document was matched with the file wrapper.

If the date of receipt stamp is illegible or missing, the USPTO will make every effort to determine the correct date of receipt. This may involve examining other evidence, such as postmarks, electronic filing receipts, or other documentation. If the correct date cannot be determined, the USPTO may use the date it was discovered that the document was received as the date of receipt. Applicants should always ensure that their submissions are properly dated and stamped to avoid potential issues with filing dates.

When a USPTO deadline falls on a weekend or holiday, the due date is automatically extended. According to MPEP 505, When the last day for taking any action or paying any fee in the Office falls on a Saturday, Sunday, or a Federal holiday within the District of Columbia, the action or the fee is considered timely if the action is taken or the fee is paid on the next succeeding business day.

This rule applies to various USPTO actions, including:

• Filing responses to Office Actions
• Paying maintenance fees
• Submitting other time-sensitive documents

It’s important to note that while the deadline is extended, the USPTO is still closed on these days for regular correspondence receipt.

For more information on patent procedure, visit: patent procedure.

For more information on USPTO deadlines, visit: USPTO deadlines.

The filing date of a patent application is determined by the ‘Office Date’ stamp, provided the application includes all necessary components for a filing date. The MPEP states:

If an application as originally filed includes the necessary components for a filing date (see 37 CFR 1.53(b)-(d) and MPEP § 506), the ‘Office Date’ stamp establishes the ‘filing date.’

This means that the date stamped on the application by the USPTO becomes the official filing date, as long as all required elements are present. It’s crucial for applicants to ensure their submissions are complete to secure the earliest possible filing date.

Priority Mail Express® submissions to the USPTO are handled differently from regular mail. According to MPEP 505, New patent applications filed in accordance with 37 CFR 1.10 will be stamped by the Office with the date of deposit as Priority Mail Express® with the United States Postal Service.

This means:

• The date of deposit with USPS is used as the receipt date, not the date it arrives at the USPTO
• This applies even on weekends and holidays when the USPTO is closed

For example, if a new patent application is deposited in Priority Mail Express® in accordance with 37 CFR 1.10 on a Saturday and the United States Postal Service gives it a date of deposit of Saturday, the Office will accord and stamp the correspondence with the Saturday date.

For more information on Priority Mail Express, visit: Priority Mail Express.

For more information on USPTO, visit: USPTO.

The USPTO does not officially receive mail on weekends or federal holidays when the office is closed. Any correspondence received on these days is typically stamped with the next business day’s date. For example, if mail is delivered to the USPTO on a Saturday, it will be stamped with the following Monday’s date (or Tuesday if Monday is a holiday). This practice ensures consistency in dating received documents and aligns with the USPTO’s official business hours.

The USPTO has specific rules for dating facsimile transmissions. According to 37 CFR 1.6(a)(3):

Correspondence transmitted by facsimile to the Patent and Trademark Office will be stamped with the date on which the complete transmission is received in the Patent and Trademark Office unless that date is a Saturday, Sunday, or Federal holiday within the District of Columbia, in which case the date stamped will be the next succeeding day which is not a Saturday, Sunday, or Federal holiday within the District of Columbia.

This means that faxed correspondence is generally dated on the day of complete transmission, except for weekends and holidays, where it’s dated the next business day.

The USPTO does not receive or process correspondence on Saturdays, Sundays, or Federal holidays within the District of Columbia, with some exceptions. According to 37 CFR 1.6(a)(1):

The Patent and Trademark Office is not open for the filing of correspondence on any day that is a Saturday, Sunday, or Federal holiday within the District of Columbia. Except for correspondence transmitted by facsimile under paragraph (a)(3) of this section, or filed electronically under paragraph (a)(4) of this section, no correspondence is received in the Office on Saturdays, Sundays, or Federal holidays within the District of Columbia.

When the last day for taking action or paying a fee falls on a weekend or holiday, it’s considered timely if done on the next business day: When the last day for taking any action or paying any fee in the Office falls on a Saturday, Sunday, or a Federal holiday within the District of Columbia, the action or the fee is considered timely if the action is taken or the fee is paid on the next succeeding business day.

Priority Mail Express® submissions to the USPTO are treated differently in terms of dating. According to 37 CFR 1.6(a)(2):

Correspondence filed in accordance with § 1.10 will be stamped with the date of deposit as Priority Mail Express® with the United States Postal Service.

This means that new patent applications filed using Priority Mail Express® will be stamped with the date they were deposited with USPS, even if that date is a Saturday, Sunday, or federal holiday. The MPEP provides an example:

For example, if a new patent application is deposited in Priority Mail Express® in accordance with 37 CFR 1.10 on a Saturday and the United States Postal Service gives it a date of deposit of Saturday, the Office will accord and stamp the correspondence with the Saturday date.

The USPTO has specific rules for dating electronically filed submissions. According to 37 CFR 1.6(a)(4):

Correspondence may be submitted using the Office electronic filing system only in accordance with the Office electronic filing system requirements. Correspondence submitted to the Office by way of the Office electronic filing system will be accorded a receipt date, which is the date the correspondence is received at the correspondence address for the Office set forth in § 1.1 when it was officially submitted.

The MPEP further clarifies: Similarly, correspondence submitted via the USPTO electronic filing system (EFS-Web) will be accorded a receipt date on the date the correspondence is received at the correspondence address for the Office set forth in 37 CFR 1.1 (i.e., local time in Alexandria, VA), without regard to whether that date is a Saturday, Sunday, or Federal holiday within the District of Columbia.

Electronically filed patent applications receive special treatment for date-stamping at the USPTO. According to MPEP 505, Correspondence submitted to the Office by way of the Office electronic filing system will be accorded a receipt date, which is the date the correspondence is received at the correspondence address for the Office set forth in § 1.1 when it was officially submitted.

Key points about electronic filing date-stamping:

• The receipt date is based on the time in Alexandria, VA (USPTO’s location)
• Electronic submissions can receive a date stamp on any day, including weekends and holidays
• The electronic filing system (EFS-Web) must be used in accordance with USPTO requirements

For more details on electronic filing, refer to MPEP § 502.05.

For more information on EFS-Web, visit: EFS-Web.

For more information on electronic filing, visit: electronic filing.

For more information on USPTO, visit: USPTO.