What is the Priority Mail Express® procedure for filing correspondence with the USPTO?
The Priority Mail Express® procedure allows applicants to obtain a filing date based on the date of deposit with the United States Postal Service (USPS), rather than the date of receipt at the USPTO. This is authorized by 35 U.S.C. 21(a) and governed by 37 CFR 1.10.
To use this procedure, applicants must:
- Use the Priority Mail Express® Post Office to Addressee service of the USPS
- Obtain a mailing label with a clearly marked ‘date accepted’ by the USPS
- Place the Priority Mail Express® mailing label number on each piece of correspondence prior to mailing
The USPTO will consider the ‘date accepted’ on the Priority Mail Express® mailing label as the filing date, even if it falls on a Saturday, Sunday, or federal holiday.
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