Question 1

What should I do if there's a discrepancy between the USPTO filing date and the USPS 'date accepted'?

Accepted Answer

If there's a discrepancy between the filing date accorded by the USPTO and the 'date accepted' on the Priority Mail Express® mailing label, you can petition the Director under 37 CFR 1.10(c). The petition should:

Be filed promptly after becoming aware of the discrepancy
Include evidence that the Priority Mail Express® mailing label number was placed on each piece of correspondence before mailing
Include a true copy of the Priority Mail Express® mailing label showing the 'date accepted' or other official USPS notation

As stated in the MPEP: 37 CFR 1.10(c) sets forth procedures for filing a petition to the Director for a filing date as of the date of deposit with the USPS, where there is a discrepancy between the filing date initially accorded by the Office and the 'date accepted' entered by the USPS or other official USPS notation.

To learn more:

Question 2

What should I do if there's a discrepancy between the USPTO filing date and the Priority Mail Express® "date accepted"?

Accepted Answer

If there's a discrepancy between the filing date accorded by the USPTO and the "date accepted" on the Priority Mail Express® mailing label, you can file a petition under 37 CFR 1.10(c). MPEP 513 states that such a petition should:

Be filed promptly after becoming aware of the discrepancy
Include evidence that the Priority Mail Express® number was placed on the correspondence before mailing
Include a true copy of the Priority Mail Express® mailing label showing the "date accepted"

The petition should be filed as soon as the discrepancy is noticed to ensure timely correction of the filing date.

Question 3

What happens if there's a discrepancy between the USPTO's date stamp and the date on the correspondence?

Accepted Answer

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.

Question 4

What happens if the USPTO receipt date is later than the Priority Mail Express® deposit date?

Accepted Answer

What happens if the USPTO receipt date is later than the Priority Mail Express® deposit date?

If the USPTO receipt date is later than the Priority Mail Express® deposit date, the following applies:

The USPTO will consider the Priority Mail Express® deposit date as the filing date.
This is true even if the USPTO receives the submission on a later date.

The MPEP 513 states:

Any person filing correspondence under this section that was received by the Office and delivered by the 'Priority Mail Express® Post Office to Addressee' service of the USPS, who can show that there is a discrepancy between the filing date accorded by the Office to the correspondence and the date of deposit as shown by the 'date-in' on the 'Priority Mail Express®' mailing label or other official USPS notation, may petition the Director to accord the correspondence a filing date as of the 'date-in' on the 'Priority Mail Express®' mailing label or other official USPS notation, provided that:

This provision ensures that applicants are not penalized for postal delays beyond their control, as long as they can provide evidence of the earlier deposit date.

To learn more:

Patent Law FAQ

Here’s the complete FAQ:

MPEP 500 - Receipt and Handling of Mail and Papers (2)

What should I do if there’s a discrepancy between the USPTO filing date and the Priority Mail Express® “date accepted”?

What happens if there’s a discrepancy between the USPTO’s date stamp and the date on the correspondence?

MPEP 505 - Date of Receipt Stamp (1)

What happens if there’s a discrepancy between the USPTO’s date stamp and the date on the correspondence?

MPEP 513 - Deposit as Priority Mail Express® with U.S. Postal Service (1)

What should I do if there’s a discrepancy between the USPTO filing date and the Priority Mail Express® “date accepted”?

Patent Law (2)

What should I do if there’s a discrepancy between the USPTO filing date and the Priority Mail Express® “date accepted”?

What happens if there’s a discrepancy between the USPTO’s date stamp and the date on the correspondence?

Patent Procedure (2)

What should I do if there’s a discrepancy between the USPTO filing date and the Priority Mail Express® “date accepted”?

What happens if there’s a discrepancy between the USPTO’s date stamp and the date on the correspondence?