What happens if the USPTO receipt date is later than the Priority Mail Express® deposit date?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

If the USPTO receipt date is later than the Priority Mail Express® deposit date, the following applies:

• The USPTO will consider the Priority Mail Express® deposit date as the filing date.
• This is true even if the USPTO receives the submission on a later date.

The MPEP 513 states:

Any person filing correspondence under this section that was received by the Office and delivered by the ‘Priority Mail Express® Post Office to Addressee’ service of the USPS, who can show that there is a discrepancy between the filing date accorded by the Office to the correspondence and the date of deposit as shown by the ‘date-in’ on the ‘Priority Mail Express®’ mailing label or other official USPS notation, may petition the Director to accord the correspondence a filing date as of the ‘date-in’ on the ‘Priority Mail Express®’ mailing label or other official USPS notation, provided that:

This provision ensures that applicants are not penalized for postal delays beyond their control, as long as they can provide evidence of the earlier deposit date.