How does the USPTO handle correspondence received after official hours?

How does the USPTO handle correspondence received after official hours?

The USPTO has specific procedures for handling correspondence received outside of official business hours:

  • Correspondence delivered to the USPTO after business hours is considered filed on the next business day.
  • There are exceptions for certain types of time-sensitive filings.

MPEP 502 states: ‘Correspondence placed in the USPTO’s night box before midnight on weekdays (except federal holidays) will receive a filing date of the succeeding business day.’ This means that documents deposited in the night box after business hours but before midnight will be treated as if they were received on the next business day.

For electronic filings, the USPTO’s Electronic Filing System (EFS-Web) is generally available 24/7, allowing for submissions outside of regular business hours. However, the actual filing date may still be affected by the time of submission.

Topics: MPEP 500 - Receipt and Handling of Mail and Papers, MPEP 502 - Depositing Correspondence, Patent Law, Patent Procedure