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 (3)
What is the filing date for applications properly filed under 37 CFR 1.10 (Priority Mail Express)?
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.
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:
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.
MPEP 502 - Depositing Correspondence (1)
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.
MPEP 506 - Completeness of Original Application (1)
What is the filing date for applications properly filed under 37 CFR 1.10 (Priority Mail Express)?
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.
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 (3)
What is the filing date for applications properly filed under 37 CFR 1.10 (Priority Mail Express)?
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.
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:
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.
Patent Procedure (3)
What is the filing date for applications properly filed under 37 CFR 1.10 (Priority Mail Express)?
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.
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:
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.