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…
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…
Read MoreWhat is Priority Mail Express® and how does it relate to patent filings?
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…
Read MoreHow is the filing date determined for Priority Mail Express® submissions to 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.…
Read MoreHow can an applicant request review of a refusal to accord a filing date?
An applicant can request review of a refusal to accord a filing date by filing a petition. The MPEP states: Any review of the refusal to grant a filing date as of the date of deposit of the application would be by way of petition, accompanied by the petition fee (37 CFR 1.17(f)). Petitioner should…
Read MoreCan a patent application be returned to the applicant after filing?
No, patent applications that are entitled to a filing date will not be returned to the applicant, even if requested. This applies to applications filed by regular mail, Priority Mail Express, hand-delivery, or through the USPTO patent electronic filing system. The MPEP clearly states: ‘Applications which are entitled to a filing date, whether filed by…
Read MoreWhat information is included in a patent filing receipt?
A patent filing receipt includes: Application number Filing date Confirmation number Suggested class in the U.S. Patent Classification System Art unit number where the application is likely to be examined Continuing data (if applicable) National stage data (if applicable) Foreign priority data (if applicable) Foreign filing license data (if applicable) Entity status information Anticipated publication…
Read MoreWhat happens if there’s a postal interruption or emergency affecting USPTO correspondence?
In the event of a postal interruption or emergency: An announcement will be placed on the USPTO website at www.uspto.gov A notice will be published in the Official Gazette These communications will provide instructions about filing patent applications and other papers related to patent applications and patents The USPTO Director may prescribe rules considering papers…
Read MoreHow are Priority Mail Express® submissions dated by the 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®…
Read MoreWhat determines the filing date of a patent application?
The filing date of a patent application is determined by the ‘Office Date’ stamp, provided the application includes all necessary components for a filing date. The MPEP states: If an application as originally filed includes the necessary components for a filing date (see 37 CFR 1.53(b)-(d) and MPEP § 506), the ‘Office Date’ stamp establishes…
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