How can I petition for my correspondence to be considered filed on a particular date due to a postal emergency?
If your correspondence is affected by a postal emergency, you can petition the Director to consider it filed on a particular date under certain conditions. The process depends on whether your mail was returned, refused, or unable to be deposited. Here’s a summary of the petition requirements based on MPEP 511:
- For returned correspondence (37 CFR 1.10(g)):
- File promptly after becoming aware of the return
- Include the original or copy of correspondence with Priority Mail Express® label
- Provide a statement establishing the original deposit
- For refused correspondence (37 CFR 1.10(h)):
- File promptly after becoming aware of the refusal
- Include the original or copy of correspondence with Priority Mail Express® label
- Provide a statement establishing the original attempt to deposit
- For correspondence unable to be deposited (37 CFR 1.10(i)):
- File promptly in a manner designated by the Director
- Include the original or copy of correspondence
- Provide a statement establishing that the correspondence would have been deposited but for the emergency
For more detailed information on filing these petitions, refer to MPEP § 513, subsections IX-XI.
To learn more:
Topics:
MPEP 500 - Receipt and Handling of Mail and Papers,
MPEP 511 - Postal Service Interruptions and Emergencies,
Patent Law,
Patent Procedure