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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Tags: Filing Date, Lost Application, Priority Mail Express, USPS