What if my Priority Mail Express® correspondence is never received by the USPTO?

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 correspondence sent via Priority Mail Express® is never received by the USPTO, you can petition the Director under 37 CFR 1.10(e) to accord a filing date as of the date of deposit with the USPS. The petition should:

• Be filed promptly after becoming aware that the USPTO has no evidence of receipt
• Include evidence that the Priority Mail Express® mailing label number was placed on each piece of correspondence before mailing
• Include copies of the originally deposited correspondence, the Priority Mail Express® mailing label, and any returned postcard receipt
• Include a statement, signed by the person who deposited the documents, declaring that the copies are true copies of the original materials

The MPEP states: 37 CFR 1.10(e) sets forth procedures for filing a petition to the Director to accord a filing date as of the date of deposit with the USPS, where correspondence deposited as Priority Mail Express® is never received by the Office.