Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
Here’s the complete FAQ:
MPEP 500 - Receipt and Handling of Mail and Papers (14)
If you cannot file your patent application electronically or by Priority Mail Express® due to an emergency, consider the following options:
- Use first-class mail with a Certificate of Mailing under 37 CFR 1.8
- Hand-deliver the application to the USPTO, if possible
- If the emergency is a designated postal service interruption, follow the specific instructions provided by the USPTO on their website or in the Official Gazette
Remember that the provisions for postal emergencies only apply to actual USPS service interruptions, not other circumstances like computer failures or office inaccessibility.
As stated in MPEP 511: “Applicants are cautioned that the provisions of 35 U.S.C. 21(a) and 37 CFR 1.10(g) to (i) only apply to postal interruptions and emergencies. The provisions of 35 U.S.C. 21(a) and 37 CFR 1.10(g) to (i) do not provide for granting of a filing date to correspondence as of the date on which it would have been filed but for other exigencies, such as the unavailability of a computer or word processing equipment, or the inaccessibility of an office or building other than a USPS facility.”
As of July 28, 2013, the United States Postal Service (USPS) renamed ‘Express Mail’ to ‘Priority Mail Express’. According to MPEP 511:
“Effective July 28, 2013, the United States Postal Service (USPS) changed the name of ‘Express Mail’ to ‘Priority Mail Express.’ All characteristics of the ‘Priority Mail Express’ service are the same as those of the former ‘Express Mail’ service (although the mailing labels differ).”
This change is important for patent applicants to note, as the USPTO’s rules and procedures now refer to ‘Priority Mail Express’ instead of ‘Express Mail’. However, the service characteristics and benefits for patent filings remain the same. When using this service for USPTO correspondence, ensure you use the correct addresses as specified in 37 CFR 1.1 and avoid using the ‘Hold for Pickup’ option, as the USPTO does not pick up mail.
To learn more:
In the event of a postal interruption or emergency, the USPTO will take the following actions:
- Place an announcement on the USPTO website at www.uspto.gov
- Publish a notice in the Official Gazette
These communications will provide instructions about filing patent applications and other patent-related papers. As stated in MPEP 511:
“In the event of a postal interruption or emergency, an announcement will be placed on the USPTO website at www.uspto.gov and a notice will be published in the Official Gazette, providing instructions about the filing of patent applications, and other papers related to patent applications and patents.”
This ensures that applicants have clear guidance on how to proceed during such circumstances.
To learn more:
In the event of a postal interruption or emergency:
- An announcement will be placed on the USPTO website at www.uspto.gov
- A notice will be published in the Official Gazette
- These communications will provide instructions about filing patent applications and other papers related to patent applications and patents
The USPTO Director may prescribe rules considering papers or fees filed on the date they would have been deposited with the USPS, but for postal service interruptions or emergencies.
As stated in MPEP 511: “In the event of a postal interruption or emergency, an announcement will be placed on the USPTO website at www.uspto.gov and a notice will be published in the Official Gazette, providing instructions about the filing of patent applications, and other papers related to patent applications and patents.”
To prove a filing delay due to a postal emergency, applicants must provide sufficient evidence. According to MPEP 511:
The nature of the evidence required by the Office to establish that the paper was timely filed will depend upon the circumstances of the particular emergency and the nature of the filing.
This evidence may include:
- Documentation of the postal service interruption or emergency
- Proof of attempted mailing during the affected period
- Explanation of how the emergency directly impacted the filing
- Any official notices or bulletins related to the postal disruption
The USPTO will evaluate each case individually to determine if the delay was indeed caused by the designated emergency.
To learn more:
The USPTO recommends several methods for filing new patent applications, with some being more advantageous than others. According to MPEP 511, the recommended methods are:
- Electronic Filing System (EFS-Web or Patent Center): This is the most recommended method. As stated in MPEP 511: “In general, applicants should consider filing new patent applications (as well as patent-related correspondence) via the USPTO patent electronic filing system (EFS-Web or Patent Center) whenever permitted.”
- Priority Mail Express®: If not filing electronically, this is the next best option. MPEP 511 notes: “The Office strongly recommends that applicants file new applications by Priority Mail Express® in accordance with 37 CFR 1.10 (if such applications are not filed via EFS-Web) because such correspondence will be accorded the date of deposit in Priority Mail Express® with the USPS as the filing date.”
- Hand-delivery: Applications can be hand-delivered to the USPTO.
- First-class mail: While possible, this method carries risks of delay and is not recommended for new applications.
It’s important to note that new applications cannot be filed by facsimile. For more details on electronic filing, refer to the Legal Framework for Patent Electronic System on the USPTO website.
To learn more:
The USPTO strongly recommends the following methods for filing new patent applications:
- Electronic Filing System (EFS-Web or Patent Center): This is the preferred method whenever permitted.
- Priority Mail Express®: If not filing electronically, use this method in accordance with 37 CFR 1.10 to secure the date of deposit as the filing date.
- Hand-delivery to the USPTO office.
Avoid filing by first-class mail, as it only secures the date of receipt at the USPTO as the filing date, risking delays in delivery.
As stated in MPEP 511: “The Office strongly recommends that applicants file new applications by Priority Mail Express® in accordance with 37 CFR 1.10 (if such applications are not filed via EFS-Web) because such correspondence will be accorded the date of deposit in Priority Mail Express® with the USPS as the filing date.”
Additionally, “In general, applicants should consider filing new patent applications (as well as patent-related correspondence) via the USPTO patent electronic filing system (EFS-Web or Patent Center) whenever permitted.”
The provisions of 35 U.S.C. 21(a) and 37 CFR 1.10(g) to (i) have specific limitations when it comes to petitions for filing dates. According to MPEP 511:
“Applicants are cautioned that the provisions of 35 U.S.C. 21(a) and 37 CFR 1.10(g) to (i) only apply to postal interruptions and emergencies. The provisions of 35 U.S.C. 21(a) and 37 CFR 1.10(g) to (i) do not provide for granting of a filing date to correspondence as of the date on which it would have been filed but for other exigencies, such as the unavailability of a computer or word processing equipment, or the inaccessibility of an office or building other than a USPS facility.”
This means that these provisions are strictly limited to postal service interruptions or emergencies. They cannot be used for other circumstances that may have prevented timely filing, such as:
- Computer or equipment failures
- Office or building inaccessibility (unless it’s a USPS facility)
- Personal emergencies or other non-postal related issues
Additionally, the statute requires that the correspondence was complete and ready to be deposited with the USPS on the requested filing date, and that the sole reason for non-deposit was the unavailability of postal service due to the designated interruption or emergency.
To learn more:
The USPTO has established procedures to notify the public about postal service interruptions that may affect patent filings. According to MPEP 511:
When the Director designates a postal service interruption or emergency, a notice will be published in the Official Gazette, and will be posted on the USPTO website at www.uspto.gov.
The USPTO’s notification process includes:
- Publishing a notice in the Official Gazette
- Posting information on the USPTO website
- Possibly issuing press releases or other public communications
These notifications typically include:
- Details about the nature and scope of the interruption
- Any special procedures or accommodations being made
- Instructions for applicants affected by the interruption
- Contact information for further inquiries
It’s crucial for patent applicants and attorneys to regularly check these official sources during potential postal disruptions to stay informed about any changes in filing procedures or deadlines.
To learn more:
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:
You can petition the USPTO Director to consider correspondence as filed on a particular date if it was returned or refused by the USPS due to a Priority Mail Express® interruption or emergency. The petition process is outlined in 37 CFR 1.10(g) and (h):
- File the petition promptly after becoming aware of the return or refusal
- Include the original correspondence or a copy showing the Priority Mail Express® mailing label number
- Provide a copy of the Priority Mail Express® mailing label showing the “date accepted” (for returned mail)
- Include a statement establishing the original deposit attempt and that the correspondence is the original or a true copy
- The USPTO may require additional evidence to verify the interruption or emergency
As stated in MPEP 511: “37 CFR 1.10(g) provides a procedure under which applicant may petition the Director to have correspondence that was returned by the USPS due to an interruption or emergency in Priority Mail Express® service considered as filed on a particular date in the Office.”
If your correspondence is affected by a postal emergency, you can petition the Director to consider it filed on a particular date under certain conditions. The process depends on whether your mail was returned, refused, or unable to be deposited. Here’s a summary of the petition requirements based on MPEP 511:
- For returned correspondence (37 CFR 1.10(g)):
- File promptly after becoming aware of the return
- Include the original or copy of correspondence with Priority Mail Express® label
- Provide a statement establishing the original deposit
- For refused correspondence (37 CFR 1.10(h)):
- File promptly after becoming aware of the refusal
- Include the original or copy of correspondence with Priority Mail Express® label
- Provide a statement establishing the original attempt to deposit
- For correspondence unable to be deposited (37 CFR 1.10(i)):
- File promptly in a manner designated by the Director
- Include the original or copy of correspondence
- Provide a statement establishing that the correspondence would have been deposited but for the emergency
For more detailed information on filing these petitions, refer to MPEP § 513, subsections IX-XI.
To learn more:
Yes, the USPTO has the authority to extend deadlines during a postal service emergency. This is based on the provisions outlined in MPEP 511 and 35 U.S.C. 21(a).
Specifically, MPEP 511 states:
The Director may designate the interruption or emergency as a ‘postal service interruption or emergency’ under 35 U.S.C. 21(a) and provide for ‘tolling’ of the time for filing correspondence, fees, or other papers for a limited time.
This means that:
- The USPTO Director can officially recognize the emergency
- Time limits for filing various patent-related documents can be extended
- The extension is typically for a specific, limited period
- Applicants may need to provide evidence that their delay was due to the recognized emergency
It’s important to note that while the USPTO has this authority, each situation is evaluated individually, and extensions are not automatically granted.
To learn more:
No, you should not use the “Hold for Pickup” service option when sending Priority Mail Express® to the USPTO. The reasons for this are:
- The USPTO does not have resources for picking up mail
- Mail sent using the “Hold for Pickup” service will not reach the Office
Always use the standard Priority Mail Express® Post Office to Addressee service when sending correspondence to the USPTO.
As stated in MPEP 511: “The Office does not have resources for picking up any mail. Therefore mail should NOT be sent using the ‘Hold for Pickup’ service option (whereby the mail is retained at the destination postal facility for retrieval by the addressee). Mail sent using the ‘Hold for pickup’ service will not reach the Office.”
MPEP 511 - Postal Service Interruptions and Emergencies (14)
If you cannot file your patent application electronically or by Priority Mail Express® due to an emergency, consider the following options:
- Use first-class mail with a Certificate of Mailing under 37 CFR 1.8
- Hand-deliver the application to the USPTO, if possible
- If the emergency is a designated postal service interruption, follow the specific instructions provided by the USPTO on their website or in the Official Gazette
Remember that the provisions for postal emergencies only apply to actual USPS service interruptions, not other circumstances like computer failures or office inaccessibility.
As stated in MPEP 511: “Applicants are cautioned that the provisions of 35 U.S.C. 21(a) and 37 CFR 1.10(g) to (i) only apply to postal interruptions and emergencies. The provisions of 35 U.S.C. 21(a) and 37 CFR 1.10(g) to (i) do not provide for granting of a filing date to correspondence as of the date on which it would have been filed but for other exigencies, such as the unavailability of a computer or word processing equipment, or the inaccessibility of an office or building other than a USPS facility.”
As of July 28, 2013, the United States Postal Service (USPS) renamed ‘Express Mail’ to ‘Priority Mail Express’. According to MPEP 511:
“Effective July 28, 2013, the United States Postal Service (USPS) changed the name of ‘Express Mail’ to ‘Priority Mail Express.’ All characteristics of the ‘Priority Mail Express’ service are the same as those of the former ‘Express Mail’ service (although the mailing labels differ).”
This change is important for patent applicants to note, as the USPTO’s rules and procedures now refer to ‘Priority Mail Express’ instead of ‘Express Mail’. However, the service characteristics and benefits for patent filings remain the same. When using this service for USPTO correspondence, ensure you use the correct addresses as specified in 37 CFR 1.1 and avoid using the ‘Hold for Pickup’ option, as the USPTO does not pick up mail.
To learn more:
In the event of a postal interruption or emergency, the USPTO will take the following actions:
- Place an announcement on the USPTO website at www.uspto.gov
- Publish a notice in the Official Gazette
These communications will provide instructions about filing patent applications and other patent-related papers. As stated in MPEP 511:
“In the event of a postal interruption or emergency, an announcement will be placed on the USPTO website at www.uspto.gov and a notice will be published in the Official Gazette, providing instructions about the filing of patent applications, and other papers related to patent applications and patents.”
This ensures that applicants have clear guidance on how to proceed during such circumstances.
To learn more:
In the event of a postal interruption or emergency:
- An announcement will be placed on the USPTO website at www.uspto.gov
- A notice will be published in the Official Gazette
- These communications will provide instructions about filing patent applications and other papers related to patent applications and patents
The USPTO Director may prescribe rules considering papers or fees filed on the date they would have been deposited with the USPS, but for postal service interruptions or emergencies.
As stated in MPEP 511: “In the event of a postal interruption or emergency, an announcement will be placed on the USPTO website at www.uspto.gov and a notice will be published in the Official Gazette, providing instructions about the filing of patent applications, and other papers related to patent applications and patents.”
To prove a filing delay due to a postal emergency, applicants must provide sufficient evidence. According to MPEP 511:
The nature of the evidence required by the Office to establish that the paper was timely filed will depend upon the circumstances of the particular emergency and the nature of the filing.
This evidence may include:
- Documentation of the postal service interruption or emergency
- Proof of attempted mailing during the affected period
- Explanation of how the emergency directly impacted the filing
- Any official notices or bulletins related to the postal disruption
The USPTO will evaluate each case individually to determine if the delay was indeed caused by the designated emergency.
To learn more:
The USPTO recommends several methods for filing new patent applications, with some being more advantageous than others. According to MPEP 511, the recommended methods are:
- Electronic Filing System (EFS-Web or Patent Center): This is the most recommended method. As stated in MPEP 511: “In general, applicants should consider filing new patent applications (as well as patent-related correspondence) via the USPTO patent electronic filing system (EFS-Web or Patent Center) whenever permitted.”
- Priority Mail Express®: If not filing electronically, this is the next best option. MPEP 511 notes: “The Office strongly recommends that applicants file new applications by Priority Mail Express® in accordance with 37 CFR 1.10 (if such applications are not filed via EFS-Web) because such correspondence will be accorded the date of deposit in Priority Mail Express® with the USPS as the filing date.”
- Hand-delivery: Applications can be hand-delivered to the USPTO.
- First-class mail: While possible, this method carries risks of delay and is not recommended for new applications.
It’s important to note that new applications cannot be filed by facsimile. For more details on electronic filing, refer to the Legal Framework for Patent Electronic System on the USPTO website.
To learn more:
The USPTO strongly recommends the following methods for filing new patent applications:
- Electronic Filing System (EFS-Web or Patent Center): This is the preferred method whenever permitted.
- Priority Mail Express®: If not filing electronically, use this method in accordance with 37 CFR 1.10 to secure the date of deposit as the filing date.
- Hand-delivery to the USPTO office.
Avoid filing by first-class mail, as it only secures the date of receipt at the USPTO as the filing date, risking delays in delivery.
As stated in MPEP 511: “The Office strongly recommends that applicants file new applications by Priority Mail Express® in accordance with 37 CFR 1.10 (if such applications are not filed via EFS-Web) because such correspondence will be accorded the date of deposit in Priority Mail Express® with the USPS as the filing date.”
Additionally, “In general, applicants should consider filing new patent applications (as well as patent-related correspondence) via the USPTO patent electronic filing system (EFS-Web or Patent Center) whenever permitted.”
The provisions of 35 U.S.C. 21(a) and 37 CFR 1.10(g) to (i) have specific limitations when it comes to petitions for filing dates. According to MPEP 511:
“Applicants are cautioned that the provisions of 35 U.S.C. 21(a) and 37 CFR 1.10(g) to (i) only apply to postal interruptions and emergencies. The provisions of 35 U.S.C. 21(a) and 37 CFR 1.10(g) to (i) do not provide for granting of a filing date to correspondence as of the date on which it would have been filed but for other exigencies, such as the unavailability of a computer or word processing equipment, or the inaccessibility of an office or building other than a USPS facility.”
This means that these provisions are strictly limited to postal service interruptions or emergencies. They cannot be used for other circumstances that may have prevented timely filing, such as:
- Computer or equipment failures
- Office or building inaccessibility (unless it’s a USPS facility)
- Personal emergencies or other non-postal related issues
Additionally, the statute requires that the correspondence was complete and ready to be deposited with the USPS on the requested filing date, and that the sole reason for non-deposit was the unavailability of postal service due to the designated interruption or emergency.
To learn more:
The USPTO has established procedures to notify the public about postal service interruptions that may affect patent filings. According to MPEP 511:
When the Director designates a postal service interruption or emergency, a notice will be published in the Official Gazette, and will be posted on the USPTO website at www.uspto.gov.
The USPTO’s notification process includes:
- Publishing a notice in the Official Gazette
- Posting information on the USPTO website
- Possibly issuing press releases or other public communications
These notifications typically include:
- Details about the nature and scope of the interruption
- Any special procedures or accommodations being made
- Instructions for applicants affected by the interruption
- Contact information for further inquiries
It’s crucial for patent applicants and attorneys to regularly check these official sources during potential postal disruptions to stay informed about any changes in filing procedures or deadlines.
To learn more:
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:
You can petition the USPTO Director to consider correspondence as filed on a particular date if it was returned or refused by the USPS due to a Priority Mail Express® interruption or emergency. The petition process is outlined in 37 CFR 1.10(g) and (h):
- File the petition promptly after becoming aware of the return or refusal
- Include the original correspondence or a copy showing the Priority Mail Express® mailing label number
- Provide a copy of the Priority Mail Express® mailing label showing the “date accepted” (for returned mail)
- Include a statement establishing the original deposit attempt and that the correspondence is the original or a true copy
- The USPTO may require additional evidence to verify the interruption or emergency
As stated in MPEP 511: “37 CFR 1.10(g) provides a procedure under which applicant may petition the Director to have correspondence that was returned by the USPS due to an interruption or emergency in Priority Mail Express® service considered as filed on a particular date in the Office.”
If your correspondence is affected by a postal emergency, you can petition the Director to consider it filed on a particular date under certain conditions. The process depends on whether your mail was returned, refused, or unable to be deposited. Here’s a summary of the petition requirements based on MPEP 511:
- For returned correspondence (37 CFR 1.10(g)):
- File promptly after becoming aware of the return
- Include the original or copy of correspondence with Priority Mail Express® label
- Provide a statement establishing the original deposit
- For refused correspondence (37 CFR 1.10(h)):
- File promptly after becoming aware of the refusal
- Include the original or copy of correspondence with Priority Mail Express® label
- Provide a statement establishing the original attempt to deposit
- For correspondence unable to be deposited (37 CFR 1.10(i)):
- File promptly in a manner designated by the Director
- Include the original or copy of correspondence
- Provide a statement establishing that the correspondence would have been deposited but for the emergency
For more detailed information on filing these petitions, refer to MPEP § 513, subsections IX-XI.
To learn more:
Yes, the USPTO has the authority to extend deadlines during a postal service emergency. This is based on the provisions outlined in MPEP 511 and 35 U.S.C. 21(a).
Specifically, MPEP 511 states:
The Director may designate the interruption or emergency as a ‘postal service interruption or emergency’ under 35 U.S.C. 21(a) and provide for ‘tolling’ of the time for filing correspondence, fees, or other papers for a limited time.
This means that:
- The USPTO Director can officially recognize the emergency
- Time limits for filing various patent-related documents can be extended
- The extension is typically for a specific, limited period
- Applicants may need to provide evidence that their delay was due to the recognized emergency
It’s important to note that while the USPTO has this authority, each situation is evaluated individually, and extensions are not automatically granted.
To learn more:
No, you should not use the “Hold for Pickup” service option when sending Priority Mail Express® to the USPTO. The reasons for this are:
- The USPTO does not have resources for picking up mail
- Mail sent using the “Hold for Pickup” service will not reach the Office
Always use the standard Priority Mail Express® Post Office to Addressee service when sending correspondence to the USPTO.
As stated in MPEP 511: “The Office does not have resources for picking up any mail. Therefore mail should NOT be sent using the ‘Hold for Pickup’ service option (whereby the mail is retained at the destination postal facility for retrieval by the addressee). Mail sent using the ‘Hold for pickup’ service will not reach the Office.”
Patent Law (14)
If you cannot file your patent application electronically or by Priority Mail Express® due to an emergency, consider the following options:
- Use first-class mail with a Certificate of Mailing under 37 CFR 1.8
- Hand-deliver the application to the USPTO, if possible
- If the emergency is a designated postal service interruption, follow the specific instructions provided by the USPTO on their website or in the Official Gazette
Remember that the provisions for postal emergencies only apply to actual USPS service interruptions, not other circumstances like computer failures or office inaccessibility.
As stated in MPEP 511: “Applicants are cautioned that the provisions of 35 U.S.C. 21(a) and 37 CFR 1.10(g) to (i) only apply to postal interruptions and emergencies. The provisions of 35 U.S.C. 21(a) and 37 CFR 1.10(g) to (i) do not provide for granting of a filing date to correspondence as of the date on which it would have been filed but for other exigencies, such as the unavailability of a computer or word processing equipment, or the inaccessibility of an office or building other than a USPS facility.”
As of July 28, 2013, the United States Postal Service (USPS) renamed ‘Express Mail’ to ‘Priority Mail Express’. According to MPEP 511:
“Effective July 28, 2013, the United States Postal Service (USPS) changed the name of ‘Express Mail’ to ‘Priority Mail Express.’ All characteristics of the ‘Priority Mail Express’ service are the same as those of the former ‘Express Mail’ service (although the mailing labels differ).”
This change is important for patent applicants to note, as the USPTO’s rules and procedures now refer to ‘Priority Mail Express’ instead of ‘Express Mail’. However, the service characteristics and benefits for patent filings remain the same. When using this service for USPTO correspondence, ensure you use the correct addresses as specified in 37 CFR 1.1 and avoid using the ‘Hold for Pickup’ option, as the USPTO does not pick up mail.
To learn more:
In the event of a postal interruption or emergency, the USPTO will take the following actions:
- Place an announcement on the USPTO website at www.uspto.gov
- Publish a notice in the Official Gazette
These communications will provide instructions about filing patent applications and other patent-related papers. As stated in MPEP 511:
“In the event of a postal interruption or emergency, an announcement will be placed on the USPTO website at www.uspto.gov and a notice will be published in the Official Gazette, providing instructions about the filing of patent applications, and other papers related to patent applications and patents.”
This ensures that applicants have clear guidance on how to proceed during such circumstances.
To learn more:
In the event of a postal interruption or emergency:
- An announcement will be placed on the USPTO website at www.uspto.gov
- A notice will be published in the Official Gazette
- These communications will provide instructions about filing patent applications and other papers related to patent applications and patents
The USPTO Director may prescribe rules considering papers or fees filed on the date they would have been deposited with the USPS, but for postal service interruptions or emergencies.
As stated in MPEP 511: “In the event of a postal interruption or emergency, an announcement will be placed on the USPTO website at www.uspto.gov and a notice will be published in the Official Gazette, providing instructions about the filing of patent applications, and other papers related to patent applications and patents.”
To prove a filing delay due to a postal emergency, applicants must provide sufficient evidence. According to MPEP 511:
The nature of the evidence required by the Office to establish that the paper was timely filed will depend upon the circumstances of the particular emergency and the nature of the filing.
This evidence may include:
- Documentation of the postal service interruption or emergency
- Proof of attempted mailing during the affected period
- Explanation of how the emergency directly impacted the filing
- Any official notices or bulletins related to the postal disruption
The USPTO will evaluate each case individually to determine if the delay was indeed caused by the designated emergency.
To learn more:
The USPTO recommends several methods for filing new patent applications, with some being more advantageous than others. According to MPEP 511, the recommended methods are:
- Electronic Filing System (EFS-Web or Patent Center): This is the most recommended method. As stated in MPEP 511: “In general, applicants should consider filing new patent applications (as well as patent-related correspondence) via the USPTO patent electronic filing system (EFS-Web or Patent Center) whenever permitted.”
- Priority Mail Express®: If not filing electronically, this is the next best option. MPEP 511 notes: “The Office strongly recommends that applicants file new applications by Priority Mail Express® in accordance with 37 CFR 1.10 (if such applications are not filed via EFS-Web) because such correspondence will be accorded the date of deposit in Priority Mail Express® with the USPS as the filing date.”
- Hand-delivery: Applications can be hand-delivered to the USPTO.
- First-class mail: While possible, this method carries risks of delay and is not recommended for new applications.
It’s important to note that new applications cannot be filed by facsimile. For more details on electronic filing, refer to the Legal Framework for Patent Electronic System on the USPTO website.
To learn more:
The USPTO strongly recommends the following methods for filing new patent applications:
- Electronic Filing System (EFS-Web or Patent Center): This is the preferred method whenever permitted.
- Priority Mail Express®: If not filing electronically, use this method in accordance with 37 CFR 1.10 to secure the date of deposit as the filing date.
- Hand-delivery to the USPTO office.
Avoid filing by first-class mail, as it only secures the date of receipt at the USPTO as the filing date, risking delays in delivery.
As stated in MPEP 511: “The Office strongly recommends that applicants file new applications by Priority Mail Express® in accordance with 37 CFR 1.10 (if such applications are not filed via EFS-Web) because such correspondence will be accorded the date of deposit in Priority Mail Express® with the USPS as the filing date.”
Additionally, “In general, applicants should consider filing new patent applications (as well as patent-related correspondence) via the USPTO patent electronic filing system (EFS-Web or Patent Center) whenever permitted.”
The provisions of 35 U.S.C. 21(a) and 37 CFR 1.10(g) to (i) have specific limitations when it comes to petitions for filing dates. According to MPEP 511:
“Applicants are cautioned that the provisions of 35 U.S.C. 21(a) and 37 CFR 1.10(g) to (i) only apply to postal interruptions and emergencies. The provisions of 35 U.S.C. 21(a) and 37 CFR 1.10(g) to (i) do not provide for granting of a filing date to correspondence as of the date on which it would have been filed but for other exigencies, such as the unavailability of a computer or word processing equipment, or the inaccessibility of an office or building other than a USPS facility.”
This means that these provisions are strictly limited to postal service interruptions or emergencies. They cannot be used for other circumstances that may have prevented timely filing, such as:
- Computer or equipment failures
- Office or building inaccessibility (unless it’s a USPS facility)
- Personal emergencies or other non-postal related issues
Additionally, the statute requires that the correspondence was complete and ready to be deposited with the USPS on the requested filing date, and that the sole reason for non-deposit was the unavailability of postal service due to the designated interruption or emergency.
To learn more:
The USPTO has established procedures to notify the public about postal service interruptions that may affect patent filings. According to MPEP 511:
When the Director designates a postal service interruption or emergency, a notice will be published in the Official Gazette, and will be posted on the USPTO website at www.uspto.gov.
The USPTO’s notification process includes:
- Publishing a notice in the Official Gazette
- Posting information on the USPTO website
- Possibly issuing press releases or other public communications
These notifications typically include:
- Details about the nature and scope of the interruption
- Any special procedures or accommodations being made
- Instructions for applicants affected by the interruption
- Contact information for further inquiries
It’s crucial for patent applicants and attorneys to regularly check these official sources during potential postal disruptions to stay informed about any changes in filing procedures or deadlines.
To learn more:
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:
You can petition the USPTO Director to consider correspondence as filed on a particular date if it was returned or refused by the USPS due to a Priority Mail Express® interruption or emergency. The petition process is outlined in 37 CFR 1.10(g) and (h):
- File the petition promptly after becoming aware of the return or refusal
- Include the original correspondence or a copy showing the Priority Mail Express® mailing label number
- Provide a copy of the Priority Mail Express® mailing label showing the “date accepted” (for returned mail)
- Include a statement establishing the original deposit attempt and that the correspondence is the original or a true copy
- The USPTO may require additional evidence to verify the interruption or emergency
As stated in MPEP 511: “37 CFR 1.10(g) provides a procedure under which applicant may petition the Director to have correspondence that was returned by the USPS due to an interruption or emergency in Priority Mail Express® service considered as filed on a particular date in the Office.”
If your correspondence is affected by a postal emergency, you can petition the Director to consider it filed on a particular date under certain conditions. The process depends on whether your mail was returned, refused, or unable to be deposited. Here’s a summary of the petition requirements based on MPEP 511:
- For returned correspondence (37 CFR 1.10(g)):
- File promptly after becoming aware of the return
- Include the original or copy of correspondence with Priority Mail Express® label
- Provide a statement establishing the original deposit
- For refused correspondence (37 CFR 1.10(h)):
- File promptly after becoming aware of the refusal
- Include the original or copy of correspondence with Priority Mail Express® label
- Provide a statement establishing the original attempt to deposit
- For correspondence unable to be deposited (37 CFR 1.10(i)):
- File promptly in a manner designated by the Director
- Include the original or copy of correspondence
- Provide a statement establishing that the correspondence would have been deposited but for the emergency
For more detailed information on filing these petitions, refer to MPEP § 513, subsections IX-XI.
To learn more:
Yes, the USPTO has the authority to extend deadlines during a postal service emergency. This is based on the provisions outlined in MPEP 511 and 35 U.S.C. 21(a).
Specifically, MPEP 511 states:
The Director may designate the interruption or emergency as a ‘postal service interruption or emergency’ under 35 U.S.C. 21(a) and provide for ‘tolling’ of the time for filing correspondence, fees, or other papers for a limited time.
This means that:
- The USPTO Director can officially recognize the emergency
- Time limits for filing various patent-related documents can be extended
- The extension is typically for a specific, limited period
- Applicants may need to provide evidence that their delay was due to the recognized emergency
It’s important to note that while the USPTO has this authority, each situation is evaluated individually, and extensions are not automatically granted.
To learn more:
No, you should not use the “Hold for Pickup” service option when sending Priority Mail Express® to the USPTO. The reasons for this are:
- The USPTO does not have resources for picking up mail
- Mail sent using the “Hold for Pickup” service will not reach the Office
Always use the standard Priority Mail Express® Post Office to Addressee service when sending correspondence to the USPTO.
As stated in MPEP 511: “The Office does not have resources for picking up any mail. Therefore mail should NOT be sent using the ‘Hold for Pickup’ service option (whereby the mail is retained at the destination postal facility for retrieval by the addressee). Mail sent using the ‘Hold for pickup’ service will not reach the Office.”
Patent Procedure (14)
If you cannot file your patent application electronically or by Priority Mail Express® due to an emergency, consider the following options:
- Use first-class mail with a Certificate of Mailing under 37 CFR 1.8
- Hand-deliver the application to the USPTO, if possible
- If the emergency is a designated postal service interruption, follow the specific instructions provided by the USPTO on their website or in the Official Gazette
Remember that the provisions for postal emergencies only apply to actual USPS service interruptions, not other circumstances like computer failures or office inaccessibility.
As stated in MPEP 511: “Applicants are cautioned that the provisions of 35 U.S.C. 21(a) and 37 CFR 1.10(g) to (i) only apply to postal interruptions and emergencies. The provisions of 35 U.S.C. 21(a) and 37 CFR 1.10(g) to (i) do not provide for granting of a filing date to correspondence as of the date on which it would have been filed but for other exigencies, such as the unavailability of a computer or word processing equipment, or the inaccessibility of an office or building other than a USPS facility.”
As of July 28, 2013, the United States Postal Service (USPS) renamed ‘Express Mail’ to ‘Priority Mail Express’. According to MPEP 511:
“Effective July 28, 2013, the United States Postal Service (USPS) changed the name of ‘Express Mail’ to ‘Priority Mail Express.’ All characteristics of the ‘Priority Mail Express’ service are the same as those of the former ‘Express Mail’ service (although the mailing labels differ).”
This change is important for patent applicants to note, as the USPTO’s rules and procedures now refer to ‘Priority Mail Express’ instead of ‘Express Mail’. However, the service characteristics and benefits for patent filings remain the same. When using this service for USPTO correspondence, ensure you use the correct addresses as specified in 37 CFR 1.1 and avoid using the ‘Hold for Pickup’ option, as the USPTO does not pick up mail.
To learn more:
In the event of a postal interruption or emergency, the USPTO will take the following actions:
- Place an announcement on the USPTO website at www.uspto.gov
- Publish a notice in the Official Gazette
These communications will provide instructions about filing patent applications and other patent-related papers. As stated in MPEP 511:
“In the event of a postal interruption or emergency, an announcement will be placed on the USPTO website at www.uspto.gov and a notice will be published in the Official Gazette, providing instructions about the filing of patent applications, and other papers related to patent applications and patents.”
This ensures that applicants have clear guidance on how to proceed during such circumstances.
To learn more:
In the event of a postal interruption or emergency:
- An announcement will be placed on the USPTO website at www.uspto.gov
- A notice will be published in the Official Gazette
- These communications will provide instructions about filing patent applications and other papers related to patent applications and patents
The USPTO Director may prescribe rules considering papers or fees filed on the date they would have been deposited with the USPS, but for postal service interruptions or emergencies.
As stated in MPEP 511: “In the event of a postal interruption or emergency, an announcement will be placed on the USPTO website at www.uspto.gov and a notice will be published in the Official Gazette, providing instructions about the filing of patent applications, and other papers related to patent applications and patents.”
To prove a filing delay due to a postal emergency, applicants must provide sufficient evidence. According to MPEP 511:
The nature of the evidence required by the Office to establish that the paper was timely filed will depend upon the circumstances of the particular emergency and the nature of the filing.
This evidence may include:
- Documentation of the postal service interruption or emergency
- Proof of attempted mailing during the affected period
- Explanation of how the emergency directly impacted the filing
- Any official notices or bulletins related to the postal disruption
The USPTO will evaluate each case individually to determine if the delay was indeed caused by the designated emergency.
To learn more:
The USPTO recommends several methods for filing new patent applications, with some being more advantageous than others. According to MPEP 511, the recommended methods are:
- Electronic Filing System (EFS-Web or Patent Center): This is the most recommended method. As stated in MPEP 511: “In general, applicants should consider filing new patent applications (as well as patent-related correspondence) via the USPTO patent electronic filing system (EFS-Web or Patent Center) whenever permitted.”
- Priority Mail Express®: If not filing electronically, this is the next best option. MPEP 511 notes: “The Office strongly recommends that applicants file new applications by Priority Mail Express® in accordance with 37 CFR 1.10 (if such applications are not filed via EFS-Web) because such correspondence will be accorded the date of deposit in Priority Mail Express® with the USPS as the filing date.”
- Hand-delivery: Applications can be hand-delivered to the USPTO.
- First-class mail: While possible, this method carries risks of delay and is not recommended for new applications.
It’s important to note that new applications cannot be filed by facsimile. For more details on electronic filing, refer to the Legal Framework for Patent Electronic System on the USPTO website.
To learn more:
The USPTO strongly recommends the following methods for filing new patent applications:
- Electronic Filing System (EFS-Web or Patent Center): This is the preferred method whenever permitted.
- Priority Mail Express®: If not filing electronically, use this method in accordance with 37 CFR 1.10 to secure the date of deposit as the filing date.
- Hand-delivery to the USPTO office.
Avoid filing by first-class mail, as it only secures the date of receipt at the USPTO as the filing date, risking delays in delivery.
As stated in MPEP 511: “The Office strongly recommends that applicants file new applications by Priority Mail Express® in accordance with 37 CFR 1.10 (if such applications are not filed via EFS-Web) because such correspondence will be accorded the date of deposit in Priority Mail Express® with the USPS as the filing date.”
Additionally, “In general, applicants should consider filing new patent applications (as well as patent-related correspondence) via the USPTO patent electronic filing system (EFS-Web or Patent Center) whenever permitted.”
The provisions of 35 U.S.C. 21(a) and 37 CFR 1.10(g) to (i) have specific limitations when it comes to petitions for filing dates. According to MPEP 511:
“Applicants are cautioned that the provisions of 35 U.S.C. 21(a) and 37 CFR 1.10(g) to (i) only apply to postal interruptions and emergencies. The provisions of 35 U.S.C. 21(a) and 37 CFR 1.10(g) to (i) do not provide for granting of a filing date to correspondence as of the date on which it would have been filed but for other exigencies, such as the unavailability of a computer or word processing equipment, or the inaccessibility of an office or building other than a USPS facility.”
This means that these provisions are strictly limited to postal service interruptions or emergencies. They cannot be used for other circumstances that may have prevented timely filing, such as:
- Computer or equipment failures
- Office or building inaccessibility (unless it’s a USPS facility)
- Personal emergencies or other non-postal related issues
Additionally, the statute requires that the correspondence was complete and ready to be deposited with the USPS on the requested filing date, and that the sole reason for non-deposit was the unavailability of postal service due to the designated interruption or emergency.
To learn more:
The USPTO has established procedures to notify the public about postal service interruptions that may affect patent filings. According to MPEP 511:
When the Director designates a postal service interruption or emergency, a notice will be published in the Official Gazette, and will be posted on the USPTO website at www.uspto.gov.
The USPTO’s notification process includes:
- Publishing a notice in the Official Gazette
- Posting information on the USPTO website
- Possibly issuing press releases or other public communications
These notifications typically include:
- Details about the nature and scope of the interruption
- Any special procedures or accommodations being made
- Instructions for applicants affected by the interruption
- Contact information for further inquiries
It’s crucial for patent applicants and attorneys to regularly check these official sources during potential postal disruptions to stay informed about any changes in filing procedures or deadlines.
To learn more:
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:
You can petition the USPTO Director to consider correspondence as filed on a particular date if it was returned or refused by the USPS due to a Priority Mail Express® interruption or emergency. The petition process is outlined in 37 CFR 1.10(g) and (h):
- File the petition promptly after becoming aware of the return or refusal
- Include the original correspondence or a copy showing the Priority Mail Express® mailing label number
- Provide a copy of the Priority Mail Express® mailing label showing the “date accepted” (for returned mail)
- Include a statement establishing the original deposit attempt and that the correspondence is the original or a true copy
- The USPTO may require additional evidence to verify the interruption or emergency
As stated in MPEP 511: “37 CFR 1.10(g) provides a procedure under which applicant may petition the Director to have correspondence that was returned by the USPS due to an interruption or emergency in Priority Mail Express® service considered as filed on a particular date in the Office.”
If your correspondence is affected by a postal emergency, you can petition the Director to consider it filed on a particular date under certain conditions. The process depends on whether your mail was returned, refused, or unable to be deposited. Here’s a summary of the petition requirements based on MPEP 511:
- For returned correspondence (37 CFR 1.10(g)):
- File promptly after becoming aware of the return
- Include the original or copy of correspondence with Priority Mail Express® label
- Provide a statement establishing the original deposit
- For refused correspondence (37 CFR 1.10(h)):
- File promptly after becoming aware of the refusal
- Include the original or copy of correspondence with Priority Mail Express® label
- Provide a statement establishing the original attempt to deposit
- For correspondence unable to be deposited (37 CFR 1.10(i)):
- File promptly in a manner designated by the Director
- Include the original or copy of correspondence
- Provide a statement establishing that the correspondence would have been deposited but for the emergency
For more detailed information on filing these petitions, refer to MPEP § 513, subsections IX-XI.
To learn more:
Yes, the USPTO has the authority to extend deadlines during a postal service emergency. This is based on the provisions outlined in MPEP 511 and 35 U.S.C. 21(a).
Specifically, MPEP 511 states:
The Director may designate the interruption or emergency as a ‘postal service interruption or emergency’ under 35 U.S.C. 21(a) and provide for ‘tolling’ of the time for filing correspondence, fees, or other papers for a limited time.
This means that:
- The USPTO Director can officially recognize the emergency
- Time limits for filing various patent-related documents can be extended
- The extension is typically for a specific, limited period
- Applicants may need to provide evidence that their delay was due to the recognized emergency
It’s important to note that while the USPTO has this authority, each situation is evaluated individually, and extensions are not automatically granted.
To learn more:
No, you should not use the “Hold for Pickup” service option when sending Priority Mail Express® to the USPTO. The reasons for this are:
- The USPTO does not have resources for picking up mail
- Mail sent using the “Hold for Pickup” service will not reach the Office
Always use the standard Priority Mail Express® Post Office to Addressee service when sending correspondence to the USPTO.
As stated in MPEP 511: “The Office does not have resources for picking up any mail. Therefore mail should NOT be sent using the ‘Hold for Pickup’ service option (whereby the mail is retained at the destination postal facility for retrieval by the addressee). Mail sent using the ‘Hold for pickup’ service will not reach the Office.”