What mailing procedures can be used for ex parte reexamination correspondence?
The MPEP outlines two primary mailing procedures that can be used for most ex parte reexamination correspondence: Certificate of Mailing and Transmission (37 CFR 1.8): This procedure can be used for filing any paper in an ex parte reexamination proceeding, except for the initial request for reexamination and a corrected/replacement request. Priority Mail Express® Mailing…
Read MoreCan I use certificate of mailing and transmission procedures for inter partes reexamination documents?
The use of certificate of mailing and transmission procedures (37 CFR 1.8) is allowed for most documents in an inter partes reexamination proceeding, with some important exceptions. The MPEP states: “The certificate of mailing and transmission procedures (37 CFR 1.8) may be used to file any paper in an inter partes reexamination proceeding, except for…
Read MoreWhat alternative filing methods are available if the USPTO electronic filing system is unavailable?
If the USPTO patent electronic filing system becomes unavailable due to a system outage, applicants have alternative filing methods to meet the requirements of 37 CFR 1.495(b). These include: Hand-delivery to the USPTO Using the Priority Mail Express® service of the United States Postal Service (USPS) in accordance with 37 CFR 1.10 As stated in…
Read MoreCan the Priority Mail Express® procedure be used for filing papers in PCT applications?
Yes, the Priority Mail Express® procedure can be used for filing papers in PCT applications with the USPTO. According to MPEP 1834: “The Priority Mail Express® procedure set forth at 37 CFR 1.10 applies to papers filed with the U.S. Patent and Trademark Office (USPTO) in international applications. Accordingly, papers filed with the USPTO in…
Read MoreWhat 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’…
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