What are the limitations of using 35 U.S.C. 21(a) for filing date petitions?
The provisions of 35 U.S.C. 21(a) and 37 CFR 1.10(g) to (i) have specific limitations when it comes to petitions for filing dates. According to MPEP 511:
“Applicants are cautioned that the provisions of 35 U.S.C. 21(a) and 37 CFR 1.10(g) to (i) only apply to postal interruptions and emergencies. The provisions of 35 U.S.C. 21(a) and 37 CFR 1.10(g) to (i) do not provide for granting of a filing date to correspondence as of the date on which it would have been filed but for other exigencies, such as the unavailability of a computer or word processing equipment, or the inaccessibility of an office or building other than a USPS facility.”
This means that these provisions are strictly limited to postal service interruptions or emergencies. They cannot be used for other circumstances that may have prevented timely filing, such as:
- Computer or equipment failures
- Office or building inaccessibility (unless it’s a USPS facility)
- Personal emergencies or other non-postal related issues
Additionally, the statute requires that the correspondence was complete and ready to be deposited with the USPS on the requested filing date, and that the sole reason for non-deposit was the unavailability of postal service due to the designated interruption or emergency.
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