What are the filing date rules for applications submitted via Priority Mail Express?

Applications properly filed via Priority Mail Express® (formerly Express Mail) have special filing date rules:

• The filing date is the date the application was deposited with the U.S. Postal Service as Priority Mail Express®
• This applies even if the deposit date is a Saturday, Sunday, or federal holiday
• The application must comply with the requirements of 37 CFR 1.10 to receive this benefit

The MPEP states: For applications properly filed under 37 CFR 1.10, the filing date is the date that the application was deposited as Priority Mail Express® in the U.S. Postal Service. For example, if a new patent application is deposited in Priority Mail Express® in accordance with 37 CFR 1.10 on a Saturday and the United States Postal Service gives it a date of deposit of Saturday, the Office will accord and stamp the correspondence with the Saturday date. 37 CFR 1.6(a)(2).

If the proper procedures were not followed, the application will receive a filing date as of the date it was received in the USPTO. Any review of these matters would be by way of petition, accompanied by the petition fee.

For more information on Priority Mail Express, visit: Priority Mail Express.