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

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.

To learn more:

• Priority Mail Express
• lost correspondence
• petition
• USPS