Can the USPTO extend deadlines during a postal service emergency?
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.
Yes, the USPTO has the authority to extend deadlines during a postal service emergency. This is based on the provisions outlined in MPEP 511 and 35 U.S.C. 21(a).
Specifically, MPEP 511 states:
The Director may designate the interruption or emergency as a ‘postal service interruption or emergency’ under 35 U.S.C. 21(a) and provide for ‘tolling’ of the time for filing correspondence, fees, or other papers for a limited time.
This means that:
- The USPTO Director can officially recognize the emergency
- Time limits for filing various patent-related documents can be extended
- The extension is typically for a specific, limited period
- Applicants may need to provide evidence that their delay was due to the recognized emergency
It’s important to note that while the USPTO has this authority, each situation is evaluated individually, and extensions are not automatically granted.