Patent Law FAQ

If you cannot file your patent application electronically or by Priority Mail Express® due to an emergency, consider the following options:

1. Use first-class mail with a Certificate of Mailing under 37 CFR 1.8
2. Hand-deliver the application to the USPTO, if possible
3. 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.”

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.

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.

If you cannot file your patent application electronically or by Priority Mail Express® due to an emergency, consider the following options:

1. Use first-class mail with a Certificate of Mailing under 37 CFR 1.8
2. Hand-deliver the application to the USPTO, if possible
3. 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.”

If you cannot file your patent application electronically or by Priority Mail Express® due to an emergency, consider the following options:

1. Use first-class mail with a Certificate of Mailing under 37 CFR 1.8
2. Hand-deliver the application to the USPTO, if possible
3. 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.”

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.

If you cannot file your patent application electronically or by Priority Mail Express® due to an emergency, consider the following options:

1. Use first-class mail with a Certificate of Mailing under 37 CFR 1.8
2. Hand-deliver the application to the USPTO, if possible
3. 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.”

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.