How does the USPTO handle correspondence sent by Priority Mail Express®?
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.”…
Read MoreHow does the USPTO handle Priority Mail Express® submissions?
Priority Mail Express® submissions to the USPTO are handled differently from regular mail. According to MPEP 505, New patent applications filed in accordance with 37 CFR 1.10 will be stamped by the Office with the date of deposit as Priority Mail Express® with the United States Postal Service. This means: The date of deposit with…
Read MoreWhat are the filing date rules for applications submitted via Priority Mail Express?
Applications properly filed via Priority Mail Express® (formerly Express Mail) have special filing date rules: The filing date is the date the application was deposited with the U.S. Postal Service as Priority Mail Express® This applies even if the deposit date is a Saturday, Sunday, or federal holiday The application must comply with the requirements…
Read MoreWhat is the difference between the Certificate of Mailing and Priority Mail Express procedures?
While both the Certificate of Mailing (37 CFR 1.8) and Priority Mail Express (37 CFR 1.10) procedures can be used to establish timely filing of USPTO correspondence, they have some key differences: Certificate of Mailing can be used with any class of mail, while Priority Mail Express is a specific USPS service. Certificate of Mailing…
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 MoreCan I file patent applications on weekends or federal holidays?
The USPTO is not open for filing correspondence on Saturdays, Sundays, or federal holidays within the District of Columbia. However, there are exceptions: Correspondence deposited as Priority Mail Express® with the USPS in accordance with 37 CFR 1.10 is considered filed on the date of deposit, even on weekends or holidays Electronic filing systems may…
Read MoreWhat 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 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…
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…
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