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:

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.

To learn more:

• Petition
• Postal Emergency
• Filing Date
• Priority Mail Express