What evidence is required to prove a filing delay due to a postal emergency?
To prove a filing delay due to a postal emergency, applicants must provide sufficient evidence. According to MPEP 511:
The nature of the evidence required by the Office to establish that the paper was timely filed will depend upon the circumstances of the particular emergency and the nature of the filing.
This evidence may include:
- Documentation of the postal service interruption or emergency
- Proof of attempted mailing during the affected period
- Explanation of how the emergency directly impacted the filing
- Any official notices or bulletins related to the postal disruption
The USPTO will evaluate each case individually to determine if the delay was indeed caused by the designated emergency.
To learn more:
Topics:
MPEP 500 - Receipt and Handling of Mail and Papers,
MPEP 511 - Postal Service Interruptions and Emergencies,
Patent Law,
Patent Procedure