How can I petition for my correspondence to be considered filed on a particular date due to a postal 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.

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:

1. 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
2. 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
3. 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.