What should I do if there’s a discrepancy between the USPTO filing date and the Priority Mail Express® “date accepted”?
If there’s a discrepancy between the filing date accorded by the USPTO and the “date accepted” on the Priority Mail Express® mailing label, you can file a petition under 37 CFR 1.10(c). MPEP 513 states that such a petition should:
- Be filed promptly after becoming aware of the discrepancy
- Include evidence that the Priority Mail Express® number was placed on the correspondence before mailing
- Include a true copy of the Priority Mail Express® mailing label showing the “date accepted”
The petition should be filed as soon as the discrepancy is noticed to ensure timely correction of the filing date.
Topics:
MPEP 500 - Receipt and Handling of Mail and Papers,
MPEP 513 - Deposit as Priority Mail Express® with U.S. Postal Service,
Patent Law,
Patent Procedure