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 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 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 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 MoreHow 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 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…
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