How can I petition for my correspondence to be considered filed on a particular date due to a Priority Mail Express® interruption?

You can petition the USPTO Director to consider correspondence as filed on a particular date if it was returned or refused by the USPS due to a Priority Mail Express® interruption or emergency. The petition process is outlined in 37 CFR 1.10(g) and (h):

1. File the petition promptly after becoming aware of the return or refusal
2. Include the original correspondence or a copy showing the Priority Mail Express® mailing label number
3. Provide a copy of the Priority Mail Express® mailing label showing the “date accepted” (for returned mail)
4. Include a statement establishing the original deposit attempt and that the correspondence is the original or a true copy
5. The USPTO may require additional evidence to verify the interruption or emergency

As stated in MPEP 511: “37 CFR 1.10(g) provides a procedure under which applicant may petition the Director to have correspondence that was returned by the USPS due to an interruption or emergency in Priority Mail Express® service considered as filed on a particular date in the Office.”