Can I use Priority Mail Express® for international patent application submissions to the USPTO?
Can I use Priority Mail Express® for international patent application submissions to the USPTO?
Yes, you can use Priority Mail Express® for international patent application submissions to the USPTO. However, there are specific considerations:
- Priority Mail Express® can be used for correspondence relative to international applications under the Patent Cooperation Treaty (PCT).
- The USPTO acts as a Receiving Office for international patent applications filed under the PCT.
The MPEP 513 states:
Correspondence relative to international applications under the Patent Cooperation Treaty (PCT) that is mailed to the USPTO will be accorded the date of receipt in the USPTO unless the provisions of 37 CFR 1.10 apply.
This means that while you can use Priority Mail Express® for international applications, the same rules apply as for domestic applications. The date of deposit with the USPS will be considered the filing date, provided all requirements are met. It’s crucial to retain the mailing receipt and ensure the ‘date-in’ is clearly visible for potential future reference.
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