Can I use any Priority Mail Express® service for patent application submissions?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

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 delivery service that can be used to obtain an original application filing date as of the date of deposit with the USPS.”

This means:

• Only USPS Priority Mail Express® is acceptable
• Other overnight delivery services (e.g., FedEx, UPS) do not qualify for this benefit
• The specific ‘Post Office to Addressee’ service must be used

Using any other service, even if it’s faster or more convenient, will not secure the filing date benefit provided by the Priority Mail Express® option.