What should I do if I can’t file my patent application electronically or by Priority Mail Express® due to an emergency?

If you cannot file your patent application electronically or by Priority Mail Express® due to an emergency, consider the following options:

1. Use first-class mail with a Certificate of Mailing under 37 CFR 1.8
2. Hand-deliver the application to the USPTO, if possible
3. If the emergency is a designated postal service interruption, follow the specific instructions provided by the USPTO on their website or in the Official Gazette

Remember that the provisions for postal emergencies only apply to actual USPS service interruptions, not other circumstances like computer failures or office inaccessibility.

As stated in MPEP 511: “Applicants are cautioned that the provisions of 35 U.S.C. 21(a) and 37 CFR 1.10(g) to (i) only apply to postal interruptions and emergencies. The provisions of 35 U.S.C. 21(a) and 37 CFR 1.10(g) to (i) do not provide for granting of a filing date to correspondence as of the date on which it would have been filed but for other exigencies, such as the unavailability of a computer or word processing equipment, or the inaccessibility of an office or building other than a USPS facility.”