How is the filing date determined for Priority Mail Express® submissions to the USPTO?

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.

The filing date for Priority Mail Express® submissions is typically determined by the “date accepted” on the Priority Mail Express® mailing label. According to MPEP 513:

Office personnel will routinely look to the Priority Mail Express® mailing label, and stamp the “date accepted” or other official USPS notation as the filing date of the correspondence.

If the USPS deposit date cannot be determined, the correspondence will be accorded the date of receipt in the Office as the filing date. It’s important to note that the “date accepted” must be completed by the USPS, not by the applicant.