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 (4)
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:
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.
What are the acceptable methods for filing papers with the USPTO?
The USPTO accepts several methods for filing papers:
- Hand-delivery to the USPTO office in Alexandria, Virginia
- First-class mail through the United States Postal Service (USPS)
- Express Mail service of the USPS
- Electronic filing through the USPTO’s Electronic Filing System (EFS-Web)
As stated in MPEP 501: ‘Papers may be filed using first class mail through the United States Postal Service.’ The MPEP also notes that ‘Correspondence may be hand-carried to the Office.’ For electronic filing, it’s important to note that ‘EFS-Web can be used to file new applications, enter the national stage under 35 U.S.C. 371, and submit most follow-on documents in patent applications.’
For more information on EFS-Web, visit: EFS-Web.
For more information on electronic filing, visit: electronic filing.
For more information on Express Mail, visit: Express Mail.
For more information on first-class mail, visit: first-class mail.
For more information on hand-delivery, visit: hand-delivery.
How does the USPTO handle correspondence delivered by EXPRESS MAIL?
The USPTO has specific procedures for handling correspondence delivered by EXPRESS MAIL. According to MPEP 502:
“Any correspondence delivered by the ‘Express Mail Post Office to Addressee’ service of the United States Postal Service (USPS) is considered filed or received in the Office on the date of deposit with the USPS.”
This means that the date of deposit with the USPS is considered the filing date at the USPTO, provided that:
- The correspondence is properly addressed to the USPTO
- The proper address is on the EXPRESS MAIL mailing label
- The EXPRESS MAIL mailing label number is placed on the correspondence
It’s important to note that this applies only to the USPS EXPRESS MAIL service and not to similar services provided by private courier companies.
For more information on Express Mail, visit: Express Mail.
For more information on USPTO correspondence, visit: USPTO correspondence.
MPEP 501 - Filing Papers With the U.S. Patent and Trademark Office (1)
What are the acceptable methods for filing papers with the USPTO?
The USPTO accepts several methods for filing papers:
- Hand-delivery to the USPTO office in Alexandria, Virginia
- First-class mail through the United States Postal Service (USPS)
- Express Mail service of the USPS
- Electronic filing through the USPTO’s Electronic Filing System (EFS-Web)
As stated in MPEP 501: ‘Papers may be filed using first class mail through the United States Postal Service.’ The MPEP also notes that ‘Correspondence may be hand-carried to the Office.’ For electronic filing, it’s important to note that ‘EFS-Web can be used to file new applications, enter the national stage under 35 U.S.C. 371, and submit most follow-on documents in patent applications.’
For more information on EFS-Web, visit: EFS-Web.
For more information on electronic filing, visit: electronic filing.
For more information on Express Mail, visit: Express Mail.
For more information on first-class mail, visit: first-class mail.
For more information on hand-delivery, visit: hand-delivery.
MPEP 502 - Depositing Correspondence (1)
How does the USPTO handle correspondence delivered by EXPRESS MAIL?
The USPTO has specific procedures for handling correspondence delivered by EXPRESS MAIL. According to MPEP 502:
“Any correspondence delivered by the ‘Express Mail Post Office to Addressee’ service of the United States Postal Service (USPS) is considered filed or received in the Office on the date of deposit with the USPS.”
This means that the date of deposit with the USPS is considered the filing date at the USPTO, provided that:
- The correspondence is properly addressed to the USPTO
- The proper address is on the EXPRESS MAIL mailing label
- The EXPRESS MAIL mailing label number is placed on the correspondence
It’s important to note that this applies only to the USPS EXPRESS MAIL service and not to similar services provided by private courier companies.
For more information on Express Mail, visit: Express Mail.
For more information on USPTO correspondence, visit: USPTO correspondence.
MPEP 505 - Date of Receipt Stamp (1)
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.
MPEP 511 - Postal Service Interruptions and Emergencies (1)
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:
Patent Law (4)
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:
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.
What are the acceptable methods for filing papers with the USPTO?
The USPTO accepts several methods for filing papers:
- Hand-delivery to the USPTO office in Alexandria, Virginia
- First-class mail through the United States Postal Service (USPS)
- Express Mail service of the USPS
- Electronic filing through the USPTO’s Electronic Filing System (EFS-Web)
As stated in MPEP 501: ‘Papers may be filed using first class mail through the United States Postal Service.’ The MPEP also notes that ‘Correspondence may be hand-carried to the Office.’ For electronic filing, it’s important to note that ‘EFS-Web can be used to file new applications, enter the national stage under 35 U.S.C. 371, and submit most follow-on documents in patent applications.’
For more information on EFS-Web, visit: EFS-Web.
For more information on electronic filing, visit: electronic filing.
For more information on Express Mail, visit: Express Mail.
For more information on first-class mail, visit: first-class mail.
For more information on hand-delivery, visit: hand-delivery.
How does the USPTO handle correspondence delivered by EXPRESS MAIL?
The USPTO has specific procedures for handling correspondence delivered by EXPRESS MAIL. According to MPEP 502:
“Any correspondence delivered by the ‘Express Mail Post Office to Addressee’ service of the United States Postal Service (USPS) is considered filed or received in the Office on the date of deposit with the USPS.”
This means that the date of deposit with the USPS is considered the filing date at the USPTO, provided that:
- The correspondence is properly addressed to the USPTO
- The proper address is on the EXPRESS MAIL mailing label
- The EXPRESS MAIL mailing label number is placed on the correspondence
It’s important to note that this applies only to the USPS EXPRESS MAIL service and not to similar services provided by private courier companies.
For more information on Express Mail, visit: Express Mail.
For more information on USPTO correspondence, visit: USPTO correspondence.
Patent Procedure (4)
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:
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.
What are the acceptable methods for filing papers with the USPTO?
The USPTO accepts several methods for filing papers:
- Hand-delivery to the USPTO office in Alexandria, Virginia
- First-class mail through the United States Postal Service (USPS)
- Express Mail service of the USPS
- Electronic filing through the USPTO’s Electronic Filing System (EFS-Web)
As stated in MPEP 501: ‘Papers may be filed using first class mail through the United States Postal Service.’ The MPEP also notes that ‘Correspondence may be hand-carried to the Office.’ For electronic filing, it’s important to note that ‘EFS-Web can be used to file new applications, enter the national stage under 35 U.S.C. 371, and submit most follow-on documents in patent applications.’
For more information on EFS-Web, visit: EFS-Web.
For more information on electronic filing, visit: electronic filing.
For more information on Express Mail, visit: Express Mail.
For more information on first-class mail, visit: first-class mail.
For more information on hand-delivery, visit: hand-delivery.
How does the USPTO handle correspondence delivered by EXPRESS MAIL?
The USPTO has specific procedures for handling correspondence delivered by EXPRESS MAIL. According to MPEP 502:
“Any correspondence delivered by the ‘Express Mail Post Office to Addressee’ service of the United States Postal Service (USPS) is considered filed or received in the Office on the date of deposit with the USPS.”
This means that the date of deposit with the USPS is considered the filing date at the USPTO, provided that:
- The correspondence is properly addressed to the USPTO
- The proper address is on the EXPRESS MAIL mailing label
- The EXPRESS MAIL mailing label number is placed on the correspondence
It’s important to note that this applies only to the USPS EXPRESS MAIL service and not to similar services provided by private courier companies.
For more information on Express Mail, visit: Express Mail.
For more information on USPTO correspondence, visit: USPTO correspondence.