What happens if a patent application is deposited with Priority Mail Express® but the USPS loses it?
What happens if a patent application is deposited with Priority Mail Express® but the USPS loses it? If a patent application is deposited with Priority Mail Express® and the USPS loses it, the USPTO will consider the application to be filed on the date of deposit, provided certain conditions are met. According to MPEP 513:…
Read MoreWhat should I do if the Priority Mail Express® label is illegible?
What should I do if the Priority Mail Express® label is illegible? If the Priority Mail Express® label on your patent application package becomes illegible, it’s crucial to take immediate action to protect your filing date. The MPEP 513 provides guidance on this situation: “If the Priority Mail Express® mailing label is not placed on…
Read MoreWhat happens if the USPTO receipt date is later than the Priority Mail Express® deposit date?
What happens if the USPTO receipt date is later than the Priority Mail Express® deposit date? If the USPTO receipt date is later than the Priority Mail Express® deposit date, the following applies: The USPTO will consider the Priority Mail Express® deposit date as the filing date. This is true even if the USPTO receives…
Read MoreWhat if my Priority Mail Express® correspondence is never received by the USPTO?
If correspondence sent via Priority Mail Express® is never received by the USPTO, you can petition the Director under 37 CFR 1.10(e) to accord a filing date as of the date of deposit with the USPS. The petition should: Be filed promptly after becoming aware that the USPTO has no evidence of receipt Include evidence…
Read MoreWhat should I do if there’s a discrepancy between the USPTO filing date and the USPS ‘date accepted’?
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 petition the Director under 37 CFR 1.10(c). The petition should: Be filed promptly after becoming aware of the discrepancy Include evidence that the Priority Mail Express® mailing label number was…
Read MoreHow do I prove the date of deposit for Priority Mail Express® submissions to the USPTO?
How do I prove the date of deposit for Priority Mail Express® submissions to the USPTO? To prove the date of deposit for Priority Mail Express® submissions to the USPTO, you should: Retain the ‘date-in’ receipt from the USPS, which shows the ‘date-in’ of deposit with the USPS. Ensure the ‘date-in’ or the ‘date accepted’…
Read MoreCan I use any Priority Mail Express® service for patent application submissions?
Can I use any Priority Mail Express® service for patent application submissions? No, not all Priority Mail Express® services are acceptable for patent application submissions. The USPTO specifically requires the use of USPS Priority Mail Express® service. According to MPEP 513: “The Priority Mail Express® Post Office to Addressee service is the only USPS overnight…
Read MoreWhat is the Priority Mail Express® procedure for filing correspondence with the USPTO?
The Priority Mail Express® procedure allows applicants to obtain a filing date based on the date of deposit with the United States Postal Service (USPS), rather than the date of receipt at the USPTO. This is authorized by 35 U.S.C. 21(a) and governed by 37 CFR 1.10. To use this procedure, applicants must: Use the…
Read MoreWhat happens if Priority Mail Express® is returned to the USPTO as undeliverable?
What happens if Priority Mail Express® is returned to the USPTO as undeliverable? If Priority Mail Express® sent by the USPTO is returned by the USPS as undeliverable, the USPTO will retain the returned item and the envelope. According to MPEP 513: If any Priority Mail Express® sent by the Office to a patent applicant…
Read MoreWhat should I do if the Priority Mail Express® mailing label is not available?
What should I do if the Priority Mail Express® mailing label is not available? If the Priority Mail Express® mailing label is not available, you can still benefit from the Priority Mail Express® date using an alternative procedure. The MPEP 513 provides guidance: In the event the Priority Mail Express® mailing label is not available,…
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