What should I do if there’s a discrepancy between the USPTO filing date and the USPS ‘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 petition the Director under 37 CFR 1.10(c). The petition should:
- Be filed promptly after becoming aware of the discrepancy
- Include evidence that the Priority Mail Express® mailing label number was placed on each piece of correspondence before mailing
- Include a true copy of the Priority Mail Express® mailing label showing the ‘date accepted’ or other official USPS notation
As stated in the MPEP: 37 CFR 1.10(c) sets forth procedures for filing a petition to the Director for a filing date as of the date of deposit with the USPS, where there is a discrepancy between the filing date initially accorded by the Office and the ‘date accepted’ entered by the USPS or other official USPS notation.
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