How does the USPTO notify the public about postal service interruptions?
The USPTO has established procedures to notify the public about postal service interruptions that may affect patent filings. According to MPEP 511: When the Director designates a postal service interruption or emergency, a notice will be published in the Official Gazette, and will be posted on the USPTO website at www.uspto.gov. The USPTO’s notification process…
Read MoreHow does the USPTO handle patent applications during postal service emergencies?
During postal service emergencies, the USPTO takes special measures to ensure patent applications are handled appropriately: The USPTO Director may designate the interruption or emergency as a ‘postal service interruption or emergency’ under 35 U.S.C. 21(a). This designation allows for the acceptance of filings that would have been timely filed if not for the postal…
Read MoreWhat happens if there’s a postal service interruption or emergency affecting patent filings?
In the event of a postal interruption or emergency, the USPTO will take the following actions: Place an announcement on the USPTO website at www.uspto.gov Publish a notice in the Official Gazette These communications will provide instructions about filing patent applications and other patent-related papers. As stated in MPEP 511: “In the event of a…
Read MoreWhat are the recommended methods for filing new patent applications?
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: 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…
Read MoreWhat evidence is required to prove a filing delay due to a postal emergency?
To prove a filing delay due to a postal emergency, applicants must provide sufficient evidence. According to MPEP 511: The nature of the evidence required by the Office to establish that the paper was timely filed will depend upon the circumstances of the particular emergency and the nature of the filing. This evidence may include:…
Read MoreWhat is the difference between ‘Express Mail’ and ‘Priority Mail Express’?
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…
Read MoreCan I use the “Hold for Pickup” service when sending Priority Mail Express® to the USPTO?
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…
Read MoreWhat should I do if I can’t file my patent application electronically or by Priority Mail Express® due to an emergency?
If you cannot file your patent application electronically or by Priority Mail Express® due to an emergency, consider the following options: Use first-class mail with a Certificate of Mailing under 37 CFR 1.8 Hand-deliver the application to the USPTO, if possible If the emergency is a designated postal service interruption, follow the specific instructions provided…
Read MoreWhat are the recommended methods for filing new patent applications with the USPTO?
The USPTO strongly recommends the following methods for filing new patent applications: Electronic Filing System (EFS-Web or Patent Center): This is the preferred method whenever permitted. 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. Hand-delivery to the…
Read MoreHow can I petition for my correspondence to be considered filed on a particular date due to a Priority Mail Express® interruption?
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): File the petition promptly after becoming aware of the return or…
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