What alternative filing methods are available if the USPTO electronic filing system is unavailable?
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 the USPTO patent electronic filing system becomes unavailable due to a system outage, applicants have alternative filing methods to meet the requirements of 37 CFR 1.495(b). These include:
- Hand-delivery to the USPTO
- Using the Priority Mail Express® service of the United States Postal Service (USPS) in accordance with 37 CFR 1.10
As stated in MPEP 1893.02: “Should online filing and/or fee payment via the USPTO patent electronic filing system become unavailable due to a system outage, applicant may need to use an alternative filing method such as hand-delivery to the USPTO or the Priority Mail Express® service of the United States Postal Service (USPS) in accordance with 37 CFR 1.10 to meet the requirements of 37 CFR 1.495(b).”