What happens if a patent application is deposited with Priority Mail Express® but the USPS loses it?
What happens if a patent application is deposited with Priority Mail Express® but the USPS loses it?
If a patent application is deposited with Priority Mail Express® and the USPS loses it, the USPTO will consider the application to be filed on the date of deposit, provided certain conditions are met. According to MPEP 513:
“Even if the USPS loses the Priority Mail Express® package, the party who filed the application would still have evidence that the application was timely filed.”
To ensure this protection, applicants should:
- Keep the Priority Mail Express® mailing label
- Obtain and retain the ‘date-in’ receipt
- Be prepared to provide evidence of the contents of the package
If these conditions are met, the USPTO will consider the application filed as of the ‘date-in’ on the Priority Mail Express® label, regardless of when (or if) the package actually arrives at the USPTO.
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