Patent Law FAQ

To ensure your corrected assignment documents are considered timely submitted, the USPTO provides two methods as outlined in MPEP 317.02:

1. Use the certification procedure under 37 CFR 1.8 (see MPEP § 512)
2. Use the “Priority Mail Express®” procedure under 37 CFR 1.10 (see MPEP § 513)

The MPEP states:

“The certification procedure under 37 CFR 1.8 (see MPEP § 512) or the “Priority Mail Express®” procedure under 37 CFR 1.10 (see MPEP § 513) may be used for resubmissions of returned papers to obtain the benefit of the date of deposit in the United States Postal Service to establish that the papers were returned within the time period specified.”

By using either of these methods, you can establish that your corrected documents were submitted within the specified time period, thus maintaining the original receipt date as the recording date of the document.

To learn more:

• assignment documents
• timely submission
• certification procedure
• Priority Mail Express
• USPTO procedures

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.

For applications properly filed under 37 CFR 1.10 using Priority Mail Express, the filing date is the date the application was deposited with the U.S. Postal Service. The MPEP states:

For applications properly filed under 37 CFR 1.10, the filing date is the date that the application was deposited as Priority Mail Express® in the U.S. Postal Service. 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.

If the proper procedures were not followed, the application will receive a filing date as of the date it was received in the USPTO.

For applications properly filed using Priority Mail Express® (formerly Express Mail) through the U.S. Postal Service, the filing date is the date of deposit with the postal service. The MPEP states:

“For applications properly filed under 37 CFR 1.10, the filing date is the date that the application was deposited as Priority Mail Express® in the U.S. Postal Service.”

This means that even if the application is deposited on a Saturday, and the U.S. Postal Service marks it with a Saturday date, the USPTO will accord and stamp the correspondence with the Saturday date.

However, if the proper procedures for using Priority Mail Express® were not followed, the application will receive a filing date as of the date it was received in the USPTO. Any dispute regarding the filing date in such cases would require a petition, as explained in the MPEP:

“Any review of these matters would be by way of petition, accompanied by the petition fee (37 CFR 1.17(f)), providing whatever arguments and evidence petitioner has that the application is entitled to a filing date as of the date it was deposited as Priority Mail Express®.”

To learn more:

• Priority Mail Express
• filing date
• patent application
• U.S. Postal Service

To learn more:

• U.S. Postal Service

While both the Certificate of Mailing (37 CFR 1.8) and Priority Mail Express (37 CFR 1.10) procedures can be used to establish timely filing of USPTO correspondence, they have some key differences:

• Certificate of Mailing can be used with any class of mail, while Priority Mail Express is a specific USPS service.
• Certificate of Mailing uses the date of deposit with USPS as the filing date, while Priority Mail Express uses the date of deposit as shown by the “date accepted” on the mailing label.
• Certificate of Mailing cannot be used for new patent applications, while Priority Mail Express can establish a filing date for new applications.
• Certificate of Mailing requires a signed certificate, while Priority Mail Express requires the mailing label to be affixed to the correspondence.

The MPEP notes: “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.”

Both procedures have specific requirements and limitations, so it’s important to consult the full text of 37 CFR 1.8 and 37 CFR 1.10 when deciding which to use.

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:

• Express Mail
• Priority Mail Express
• USPS
• Patent Filing

Priority Mail Express® is a service offered by the United States Postal Service (USPS) that can be used to establish a filing date for patent applications and other correspondence with the USPTO. As stated in MPEP 513:

The statutory authority for the granting of a filing date based on the date of deposit for correspondence sent by Priority Mail Express® and received by the Office is found in section 21(a) of Title 35 of the United States Code.

Using Priority Mail Express® allows applicants to receive a filing date as of the date the correspondence was deposited with USPS, rather than the date it was received by the USPTO.

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:

1. 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.”
2. 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.”
3. Hand-delivery: Applications can be hand-delivered to the USPTO.
4. 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:

• Patent Application Filing
• Electronic Filing System
• Priority Mail Express
• Hand-delivery

The USPTO strongly recommends the following methods for filing new patent applications:

1. Electronic Filing System (EFS-Web or Patent Center): This is the preferred method whenever permitted.
2. 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.
3. 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.”

Applications properly filed via Priority Mail Express® (formerly Express Mail) have special filing date rules:

• The filing date is the date the application was deposited with the U.S. Postal Service as Priority Mail Express®
• This applies even if the deposit date is a Saturday, Sunday, or federal holiday
• The application must comply with the requirements of 37 CFR 1.10 to receive this benefit

The MPEP states: For applications properly filed under 37 CFR 1.10, the filing date is the date that the application was deposited as Priority Mail Express® in the U.S. Postal Service. 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. 37 CFR 1.6(a)(2).

If the proper procedures were not followed, the application will receive a filing date as of the date it was received in the USPTO. Any review of these matters would be by way of petition, accompanied by the petition fee.

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

The filing date for Priority Mail Express® submissions is typically determined by the “date accepted” on the Priority Mail Express® mailing label. According to MPEP 513:

Office personnel will routinely look to the Priority Mail Express® mailing label, and stamp the “date accepted” or other official USPS notation as the filing date of the correspondence.

If the USPS deposit date cannot be determined, the correspondence will be accorded the date of receipt in the Office as the filing date. It’s important to note that the “date accepted” must be completed by the USPS, not by the applicant.

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.

How does the USPTO handle correspondence sent by Priority Mail Express®?

The USPTO treats correspondence sent by Priority Mail Express® (formerly Express Mail) with special consideration. According to MPEP 502:

“Any correspondence received by Priority Mail Express® will be considered filed with the USPTO on the date of deposit with the United States Postal Service.”

This means that the date of deposit with USPS is considered the filing date at the USPTO, which can be crucial for meeting deadlines. However, it’s important to note that:

• The Priority Mail Express® label number must be placed on the correspondence.
• The filing date accorded to Priority Mail Express® is only applicable to the specific items deposited with USPS.

Always keep your Priority Mail Express® mailing receipt as proof of the deposit date.

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

For more information on USPS, visit: USPS.

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

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):

1. File the petition promptly after becoming aware of the return or refusal
2. Include the original correspondence or a copy showing the Priority Mail Express® mailing label number
3. Provide a copy of the Priority Mail Express® mailing label showing the “date accepted” (for returned mail)
4. Include a statement establishing the original deposit attempt and that the correspondence is the original or a true copy
5. 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:

1. 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
2. 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
3. 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:

• Petition
• Postal Emergency
• Filing Date
• Priority Mail Express

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.

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.”

The USPTO is not open for filing correspondence on Saturdays, Sundays, or federal holidays within the District of Columbia. However, there are exceptions:

• Correspondence deposited as Priority Mail Express® with the USPS in accordance with 37 CFR 1.10 is considered filed on the date of deposit, even on weekends or holidays
• Electronic filing systems may be available 24/7, but the official filing date will be the next business day

MPEP 510 cites 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.”

How does the USPTO handle correspondence sent by Priority Mail Express®?

The USPTO treats correspondence sent by Priority Mail Express® (formerly Express Mail) with special consideration. According to MPEP 502:

“Any correspondence received by Priority Mail Express® will be considered filed with the USPTO on the date of deposit with the United States Postal Service.”

This means that the date of deposit with USPS is considered the filing date at the USPTO, which can be crucial for meeting deadlines. However, it’s important to note that:

• The Priority Mail Express® label number must be placed on the correspondence.
• The filing date accorded to Priority Mail Express® is only applicable to the specific items deposited with USPS.

Always keep your Priority Mail Express® mailing receipt as proof of the deposit date.

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

For more information on USPS, visit: USPS.

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

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.

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.

For applications properly filed under 37 CFR 1.10 using Priority Mail Express, the filing date is the date the application was deposited with the U.S. Postal Service. The MPEP states:

For applications properly filed under 37 CFR 1.10, the filing date is the date that the application was deposited as Priority Mail Express® in the U.S. Postal Service. 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.

If the proper procedures were not followed, the application will receive a filing date as of the date it was received in the USPTO.

Applications properly filed via Priority Mail Express® (formerly Express Mail) have special filing date rules:

• The filing date is the date the application was deposited with the U.S. Postal Service as Priority Mail Express®
• This applies even if the deposit date is a Saturday, Sunday, or federal holiday
• The application must comply with the requirements of 37 CFR 1.10 to receive this benefit

The MPEP states: For applications properly filed under 37 CFR 1.10, the filing date is the date that the application was deposited as Priority Mail Express® in the U.S. Postal Service. 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. 37 CFR 1.6(a)(2).

If the proper procedures were not followed, the application will receive a filing date as of the date it was received in the USPTO. Any review of these matters would be by way of petition, accompanied by the petition fee.

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

The USPTO is not open for filing correspondence on Saturdays, Sundays, or federal holidays within the District of Columbia. However, there are exceptions:

• Correspondence deposited as Priority Mail Express® with the USPS in accordance with 37 CFR 1.10 is considered filed on the date of deposit, even on weekends or holidays
• Electronic filing systems may be available 24/7, but the official filing date will be the next business day

MPEP 510 cites 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.”

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:

• Express Mail
• Priority Mail Express
• USPS
• Patent Filing

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:

1. 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.”
2. 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.”
3. Hand-delivery: Applications can be hand-delivered to the USPTO.
4. 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:

• Patent Application Filing
• Electronic Filing System
• Priority Mail Express
• Hand-delivery

The USPTO strongly recommends the following methods for filing new patent applications:

1. Electronic Filing System (EFS-Web or Patent Center): This is the preferred method whenever permitted.
2. 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.
3. 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.”

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):

1. File the petition promptly after becoming aware of the return or refusal
2. Include the original correspondence or a copy showing the Priority Mail Express® mailing label number
3. Provide a copy of the Priority Mail Express® mailing label showing the “date accepted” (for returned mail)
4. Include a statement establishing the original deposit attempt and that the correspondence is the original or a true copy
5. 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:

1. 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
2. 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
3. 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:

• Petition
• Postal Emergency
• Filing Date
• Priority Mail Express

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.”

While both the Certificate of Mailing (37 CFR 1.8) and Priority Mail Express (37 CFR 1.10) procedures can be used to establish timely filing of USPTO correspondence, they have some key differences:

• Certificate of Mailing can be used with any class of mail, while Priority Mail Express is a specific USPS service.
• Certificate of Mailing uses the date of deposit with USPS as the filing date, while Priority Mail Express uses the date of deposit as shown by the “date accepted” on the mailing label.
• Certificate of Mailing cannot be used for new patent applications, while Priority Mail Express can establish a filing date for new applications.
• Certificate of Mailing requires a signed certificate, while Priority Mail Express requires the mailing label to be affixed to the correspondence.

The MPEP notes: “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.”

Both procedures have specific requirements and limitations, so it’s important to consult the full text of 37 CFR 1.8 and 37 CFR 1.10 when deciding which to use.

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.

Priority Mail Express® is a service offered by the United States Postal Service (USPS) that can be used to establish a filing date for patent applications and other correspondence with the USPTO. As stated in MPEP 513:

The statutory authority for the granting of a filing date based on the date of deposit for correspondence sent by Priority Mail Express® and received by the Office is found in section 21(a) of Title 35 of the United States Code.

Using Priority Mail Express® allows applicants to receive a filing date as of the date the correspondence was deposited with USPS, rather than the date it was received by the USPTO.

The filing date for Priority Mail Express® submissions is typically determined by the “date accepted” on the Priority Mail Express® mailing label. According to MPEP 513:

Office personnel will routinely look to the Priority Mail Express® mailing label, and stamp the “date accepted” or other official USPS notation as the filing date of the correspondence.

If the USPS deposit date cannot be determined, the correspondence will be accorded the date of receipt in the Office as the filing date. It’s important to note that the “date accepted” must be completed by the USPS, not by the applicant.

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.

For applications properly filed under 37 CFR 1.10 using Priority Mail Express, the filing date is the date the application was deposited with the U.S. Postal Service. The MPEP states:

For applications properly filed under 37 CFR 1.10, the filing date is the date that the application was deposited as Priority Mail Express® in the U.S. Postal Service. 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.

If the proper procedures were not followed, the application will receive a filing date as of the date it was received in the USPTO.

For applications properly filed using Priority Mail Express® (formerly Express Mail) through the U.S. Postal Service, the filing date is the date of deposit with the postal service. The MPEP states:

“For applications properly filed under 37 CFR 1.10, the filing date is the date that the application was deposited as Priority Mail Express® in the U.S. Postal Service.”

This means that even if the application is deposited on a Saturday, and the U.S. Postal Service marks it with a Saturday date, the USPTO will accord and stamp the correspondence with the Saturday date.

However, if the proper procedures for using Priority Mail Express® were not followed, the application will receive a filing date as of the date it was received in the USPTO. Any dispute regarding the filing date in such cases would require a petition, as explained in the MPEP:

“Any review of these matters would be by way of petition, accompanied by the petition fee (37 CFR 1.17(f)), providing whatever arguments and evidence petitioner has that the application is entitled to a filing date as of the date it was deposited as Priority Mail Express®.”

To learn more:

• Priority Mail Express
• filing date
• patent application
• U.S. Postal Service

To learn more:

• U.S. Postal Service

While both the Certificate of Mailing (37 CFR 1.8) and Priority Mail Express (37 CFR 1.10) procedures can be used to establish timely filing of USPTO correspondence, they have some key differences:

• Certificate of Mailing can be used with any class of mail, while Priority Mail Express is a specific USPS service.
• Certificate of Mailing uses the date of deposit with USPS as the filing date, while Priority Mail Express uses the date of deposit as shown by the “date accepted” on the mailing label.
• Certificate of Mailing cannot be used for new patent applications, while Priority Mail Express can establish a filing date for new applications.
• Certificate of Mailing requires a signed certificate, while Priority Mail Express requires the mailing label to be affixed to the correspondence.

The MPEP notes: “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.”

Both procedures have specific requirements and limitations, so it’s important to consult the full text of 37 CFR 1.8 and 37 CFR 1.10 when deciding which to use.

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:

• Express Mail
• Priority Mail Express
• USPS
• Patent Filing

Priority Mail Express® is a service offered by the United States Postal Service (USPS) that can be used to establish a filing date for patent applications and other correspondence with the USPTO. As stated in MPEP 513:

The statutory authority for the granting of a filing date based on the date of deposit for correspondence sent by Priority Mail Express® and received by the Office is found in section 21(a) of Title 35 of the United States Code.

Using Priority Mail Express® allows applicants to receive a filing date as of the date the correspondence was deposited with USPS, rather than the date it was received by the USPTO.

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:

1. 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.”
2. 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.”
3. Hand-delivery: Applications can be hand-delivered to the USPTO.
4. 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:

• Patent Application Filing
• Electronic Filing System
• Priority Mail Express
• Hand-delivery

The USPTO strongly recommends the following methods for filing new patent applications:

1. Electronic Filing System (EFS-Web or Patent Center): This is the preferred method whenever permitted.
2. 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.
3. 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.”

Applications properly filed via Priority Mail Express® (formerly Express Mail) have special filing date rules:

• The filing date is the date the application was deposited with the U.S. Postal Service as Priority Mail Express®
• This applies even if the deposit date is a Saturday, Sunday, or federal holiday
• The application must comply with the requirements of 37 CFR 1.10 to receive this benefit

The MPEP states: For applications properly filed under 37 CFR 1.10, the filing date is the date that the application was deposited as Priority Mail Express® in the U.S. Postal Service. 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. 37 CFR 1.6(a)(2).

If the proper procedures were not followed, the application will receive a filing date as of the date it was received in the USPTO. Any review of these matters would be by way of petition, accompanied by the petition fee.

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

The filing date for Priority Mail Express® submissions is typically determined by the “date accepted” on the Priority Mail Express® mailing label. According to MPEP 513:

Office personnel will routinely look to the Priority Mail Express® mailing label, and stamp the “date accepted” or other official USPS notation as the filing date of the correspondence.

If the USPS deposit date cannot be determined, the correspondence will be accorded the date of receipt in the Office as the filing date. It’s important to note that the “date accepted” must be completed by the USPS, not by the applicant.

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.

How does the USPTO handle correspondence sent by Priority Mail Express®?

The USPTO treats correspondence sent by Priority Mail Express® (formerly Express Mail) with special consideration. According to MPEP 502:

“Any correspondence received by Priority Mail Express® will be considered filed with the USPTO on the date of deposit with the United States Postal Service.”

This means that the date of deposit with USPS is considered the filing date at the USPTO, which can be crucial for meeting deadlines. However, it’s important to note that:

• The Priority Mail Express® label number must be placed on the correspondence.
• The filing date accorded to Priority Mail Express® is only applicable to the specific items deposited with USPS.

Always keep your Priority Mail Express® mailing receipt as proof of the deposit date.

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

For more information on USPS, visit: USPS.

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

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):

1. File the petition promptly after becoming aware of the return or refusal
2. Include the original correspondence or a copy showing the Priority Mail Express® mailing label number
3. Provide a copy of the Priority Mail Express® mailing label showing the “date accepted” (for returned mail)
4. Include a statement establishing the original deposit attempt and that the correspondence is the original or a true copy
5. 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:

1. 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
2. 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
3. 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:

• Petition
• Postal Emergency
• Filing Date
• Priority Mail Express

To ensure your corrected assignment documents are considered timely submitted, the USPTO provides two methods as outlined in MPEP 317.02:

1. Use the certification procedure under 37 CFR 1.8 (see MPEP § 512)
2. Use the “Priority Mail Express®” procedure under 37 CFR 1.10 (see MPEP § 513)

The MPEP states:

“The certification procedure under 37 CFR 1.8 (see MPEP § 512) or the “Priority Mail Express®” procedure under 37 CFR 1.10 (see MPEP § 513) may be used for resubmissions of returned papers to obtain the benefit of the date of deposit in the United States Postal Service to establish that the papers were returned within the time period specified.”

By using either of these methods, you can establish that your corrected documents were submitted within the specified time period, thus maintaining the original receipt date as the recording date of the document.

To learn more:

• assignment documents
• timely submission
• certification procedure
• Priority Mail Express
• USPTO procedures

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.

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.”

The USPTO is not open for filing correspondence on Saturdays, Sundays, or federal holidays within the District of Columbia. However, there are exceptions:

• Correspondence deposited as Priority Mail Express® with the USPS in accordance with 37 CFR 1.10 is considered filed on the date of deposit, even on weekends or holidays
• Electronic filing systems may be available 24/7, but the official filing date will be the next business day

MPEP 510 cites 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.”

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.

For applications properly filed under 37 CFR 1.10 using Priority Mail Express, the filing date is the date the application was deposited with the U.S. Postal Service. The MPEP states:

For applications properly filed under 37 CFR 1.10, the filing date is the date that the application was deposited as Priority Mail Express® in the U.S. Postal Service. 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.

If the proper procedures were not followed, the application will receive a filing date as of the date it was received in the USPTO.

For applications properly filed using Priority Mail Express® (formerly Express Mail) through the U.S. Postal Service, the filing date is the date of deposit with the postal service. The MPEP states:

“For applications properly filed under 37 CFR 1.10, the filing date is the date that the application was deposited as Priority Mail Express® in the U.S. Postal Service.”

This means that even if the application is deposited on a Saturday, and the U.S. Postal Service marks it with a Saturday date, the USPTO will accord and stamp the correspondence with the Saturday date.

However, if the proper procedures for using Priority Mail Express® were not followed, the application will receive a filing date as of the date it was received in the USPTO. Any dispute regarding the filing date in such cases would require a petition, as explained in the MPEP:

“Any review of these matters would be by way of petition, accompanied by the petition fee (37 CFR 1.17(f)), providing whatever arguments and evidence petitioner has that the application is entitled to a filing date as of the date it was deposited as Priority Mail Express®.”

To learn more:

• Priority Mail Express
• filing date
• patent application
• U.S. Postal Service

To learn more:

• U.S. Postal Service

While both the Certificate of Mailing (37 CFR 1.8) and Priority Mail Express (37 CFR 1.10) procedures can be used to establish timely filing of USPTO correspondence, they have some key differences:

• Certificate of Mailing can be used with any class of mail, while Priority Mail Express is a specific USPS service.
• Certificate of Mailing uses the date of deposit with USPS as the filing date, while Priority Mail Express uses the date of deposit as shown by the “date accepted” on the mailing label.
• Certificate of Mailing cannot be used for new patent applications, while Priority Mail Express can establish a filing date for new applications.
• Certificate of Mailing requires a signed certificate, while Priority Mail Express requires the mailing label to be affixed to the correspondence.

The MPEP notes: “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.”

Both procedures have specific requirements and limitations, so it’s important to consult the full text of 37 CFR 1.8 and 37 CFR 1.10 when deciding which to use.

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:

• Express Mail
• Priority Mail Express
• USPS
• Patent Filing

Priority Mail Express® is a service offered by the United States Postal Service (USPS) that can be used to establish a filing date for patent applications and other correspondence with the USPTO. As stated in MPEP 513:

The statutory authority for the granting of a filing date based on the date of deposit for correspondence sent by Priority Mail Express® and received by the Office is found in section 21(a) of Title 35 of the United States Code.

Using Priority Mail Express® allows applicants to receive a filing date as of the date the correspondence was deposited with USPS, rather than the date it was received by the USPTO.

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:

1. 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.”
2. 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.”
3. Hand-delivery: Applications can be hand-delivered to the USPTO.
4. 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:

• Patent Application Filing
• Electronic Filing System
• Priority Mail Express
• Hand-delivery

The USPTO strongly recommends the following methods for filing new patent applications:

1. Electronic Filing System (EFS-Web or Patent Center): This is the preferred method whenever permitted.
2. 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.
3. 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.”

Applications properly filed via Priority Mail Express® (formerly Express Mail) have special filing date rules:

• The filing date is the date the application was deposited with the U.S. Postal Service as Priority Mail Express®
• This applies even if the deposit date is a Saturday, Sunday, or federal holiday
• The application must comply with the requirements of 37 CFR 1.10 to receive this benefit

The MPEP states: For applications properly filed under 37 CFR 1.10, the filing date is the date that the application was deposited as Priority Mail Express® in the U.S. Postal Service. 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. 37 CFR 1.6(a)(2).

If the proper procedures were not followed, the application will receive a filing date as of the date it was received in the USPTO. Any review of these matters would be by way of petition, accompanied by the petition fee.

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

The filing date for Priority Mail Express® submissions is typically determined by the “date accepted” on the Priority Mail Express® mailing label. According to MPEP 513:

Office personnel will routinely look to the Priority Mail Express® mailing label, and stamp the “date accepted” or other official USPS notation as the filing date of the correspondence.

If the USPS deposit date cannot be determined, the correspondence will be accorded the date of receipt in the Office as the filing date. It’s important to note that the “date accepted” must be completed by the USPS, not by the applicant.

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.

How does the USPTO handle correspondence sent by Priority Mail Express®?

The USPTO treats correspondence sent by Priority Mail Express® (formerly Express Mail) with special consideration. According to MPEP 502:

“Any correspondence received by Priority Mail Express® will be considered filed with the USPTO on the date of deposit with the United States Postal Service.”

This means that the date of deposit with USPS is considered the filing date at the USPTO, which can be crucial for meeting deadlines. However, it’s important to note that:

• The Priority Mail Express® label number must be placed on the correspondence.
• The filing date accorded to Priority Mail Express® is only applicable to the specific items deposited with USPS.

Always keep your Priority Mail Express® mailing receipt as proof of the deposit date.

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

For more information on USPS, visit: USPS.

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

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):

1. File the petition promptly after becoming aware of the return or refusal
2. Include the original correspondence or a copy showing the Priority Mail Express® mailing label number
3. Provide a copy of the Priority Mail Express® mailing label showing the “date accepted” (for returned mail)
4. Include a statement establishing the original deposit attempt and that the correspondence is the original or a true copy
5. 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:

1. 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
2. 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
3. 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:

• Petition
• Postal Emergency
• Filing Date
• Priority Mail Express

To ensure your corrected assignment documents are considered timely submitted, the USPTO provides two methods as outlined in MPEP 317.02:

1. Use the certification procedure under 37 CFR 1.8 (see MPEP § 512)
2. Use the “Priority Mail Express®” procedure under 37 CFR 1.10 (see MPEP § 513)

The MPEP states:

“The certification procedure under 37 CFR 1.8 (see MPEP § 512) or the “Priority Mail Express®” procedure under 37 CFR 1.10 (see MPEP § 513) may be used for resubmissions of returned papers to obtain the benefit of the date of deposit in the United States Postal Service to establish that the papers were returned within the time period specified.”

By using either of these methods, you can establish that your corrected documents were submitted within the specified time period, thus maintaining the original receipt date as the recording date of the document.

To learn more:

• assignment documents
• timely submission
• certification procedure
• Priority Mail Express
• USPTO procedures

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.

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.”

The USPTO is not open for filing correspondence on Saturdays, Sundays, or federal holidays within the District of Columbia. However, there are exceptions:

• Correspondence deposited as Priority Mail Express® with the USPS in accordance with 37 CFR 1.10 is considered filed on the date of deposit, even on weekends or holidays
• Electronic filing systems may be available 24/7, but the official filing date will be the next business day

MPEP 510 cites 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.”