513 Deposit as Priority Mail Express with U.S. Postal Service
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(a) Date of receipt and Priority Mail Express® date of deposit. Correspondence received in the Patent and Trademark Office is stamped with the date of receipt except as follows:
(1) The Patent and Trademark Office is not open for the filing of correspondence on any day that is a Saturday, Sunday, or Federal holiday within the District of Columbia. Except for correspondence transmitted by facsimile under paragraph (a)(3) of this section, or filed electronically under paragraph (a)(4) of this section, no correspondence is received in the Office on Saturdays, Sundays, or Federal holidays within the District of Columbia.
(2) Correspondence filed in accordance with § 1.10 will be stamped with the date of deposit as Priority Mail Express® with the United States Postal Service.
(3) Correspondence transmitted by facsimile to the Patent and Trademark Office will be stamped with the date on which the complete transmission is received in the Patent and Trademark Office unless that date is a Saturday, Sunday, or Federal holiday within the District of Columbia, in which case the date stamped will be the next succeeding day which is not a Saturday, Sunday, or Federal holiday within the District of Columbia.
(4) Correspondence may be submitted using the Office electronic filing system only in accordance with the Office electronic filing system requirements. Correspondence submitted to the Office by way of the Office electronic filing system will be accorded a receipt date, which is the date the correspondence is received at the correspondence address for the Office set forth in § 1.1 when it was officially submitted.
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(a)
(1) Any correspondence received by the U.S. Patent and Trademark Office (USPTO) that was delivered by the Priority Mail Express® Post Office to Addressee service of the United States Postal Service (USPS) will be considered filed with the USPTO on the date of deposit with the USPS.
(2) The date of deposit with USPS is shown by the “date accepted” on the Priority Mail Express® label or other official USPS notation. If the USPS deposit date cannot be determined, the correspondence will be accorded the USPTO receipt date as the filing date. See § 1.6(a).
(b) Correspondence should be deposited directly with an employee of the USPS to ensure that the person depositing the correspondence receives a legible copy of the Priority Mail Express® mailing label with the “date accepted” clearly marked. Persons dealing indirectly with the employees of the USPS (such as by deposit in a Priority Mail Express® drop box) do so at the risk of not receiving a copy of the Priority Mail Express® mailing label with the desired “date accepted” clearly marked. The paper(s) or fee(s) that constitute the correspondence should also include the Priority Mail Express® mailing label number thereon. See paragraphs (c), (d) and (e) of this section.
(c) Any person filing correspondence under this section that was received by the Office and delivered by the Priority Mail Express® Post Office to Addressee service of the USPS, who can show that there is a discrepancy between the filing date accorded by the Office to the correspondence and the date of deposit as shown by the “date accepted” on the Priority Mail Express® mailing label or other official USPS notation, may petition the Director to accord the correspondence a filing date as of the “date accepted” on the Priority Mail Express® mailing label or other official USPS notation, provided that:
(1) The petition is filed promptly after the person becomes aware that the Office has accorded, or will accord, a filing date other than the USPS deposit date;
(2) The number of the Priority Mail Express® mailing label was placed on the paper(s) or fee(s) that constitute the correspondence prior to the original mailing by Priority Mail Express®; and
(3) The petition includes a true copy of the Priority Mail Express® mailing label showing the “date accepted,” and of any other official notation by the USPS relied upon to show the date of deposit.
(d) Any person filing correspondence under this section that was received by the Office and delivered by the Priority Mail Express® Post Office to Addressee service of the USPS, who can show that the “date accepted” on the Priority Mail Express® mailing label or other official notation entered by the USPS was incorrectly entered or omitted by the USPS, may petition the Director to accord the correspondence a filing date as of the date the correspondence is shown to have been deposited with the USPS, provided that:
(1) The petition is filed promptly after the person becomes aware that the Office has accorded, or will accord, a filing date based upon an incorrect entry by the USPS;
(2) The number of the Priority Mail Express® mailing label was placed on the paper(s) or fee(s) that constitute the correspondence prior to the original mailing by Priority Mail Express®; and
(3) The petition includes a showing which establishes, to the satisfaction of the Director, that the requested filing date was the date the correspondence was deposited in the Priority Mail Express® Post Office to Addressee service prior to the last scheduled pickup for that day. Any showing pursuant to this paragraph must be corroborated by evidence from the USPS or that came into being after deposit and within one business day of the deposit of the correspondence in the Priority Mail Express® Post Office to Addressee service of the USPS.
(e) Any person mailing correspondence addressed as set out in § 1.1(a) to the Office with sufficient postage utilizing the Priority Mail Express® Post Office to Addressee service of the USPS but not received by the Office, may petition the Director to consider such correspondence filed in the Office on the USPS deposit date, provided that:
(1) The petition is filed promptly after the person becomes aware that the Office has no evidence of receipt of the correspondence;
(2) The number of the Priority Mail Express® mailing label was placed on the paper(s) or fee(s) that constitute the correspondence prior to the original mailing by Priority Mail Express®;
(3) The petition includes a copy of the originally deposited paper(s) or fee(s) that constitute the correspondence showing the number of the Priority Mail Express® mailing label thereon, a copy of any returned postcard receipt, a copy of the Priority Mail Express® mailing label showing the “date accepted,” a copy of any other official notation by the USPS relied upon to show the date of deposit, and, if the requested filing date is a date other than the “date accepted” on the Priority Mail Express® mailing label or other official notation entered by the USPS, a showing pursuant to paragraph (d)(3) of this section that the requested filing date was the date the correspondence was deposited in the Priority Mail Express® Post Office to Addressee service prior to the last scheduled pickup for that day; and
(4) The petition includes a statement which establishes, to the satisfaction of the Director, the original deposit of the correspondence and that the copies of the correspondence, the copy of the Priority Mail Express® mailing label, the copy of any returned postcard receipt, and any official notation entered by the USPS are true copies of the originally mailed correspondence, original Priority Mail Express® mailing label, returned postcard receipt, and official notation entered by the USPS.
(f) The Office may require additional evidence to determine if the correspondence was deposited as Priority Mail Express® with the USPS on the date in question.
(g) Any person who mails correspondence addressed as set out in § 1.1(a) to the Office with sufficient postage utilizing the Priority Mail Express® Post Office to Addressee service of the USPS, but has the correspondence returned by the USPS due to an interruption or emergency in Priority Mail Express® service, may petition the Director to consider such correspondence as filed on a particular date in the Office, provided that:
(1) The petition is filed promptly after the person becomes aware of the return of the correspondence;
(2) The number of the Priority Mail Express® mailing label was placed on the paper(s) or fee(s) that constitute the correspondence prior to the original mailing by Priority Mail Express®;
(3) The petition includes the original correspondence or a copy of the original correspondence showing the number of the Priority Mail Express® mailing label thereon and a copy of the Priority Mail Express® mailing label showing the “date accepted”; and
(4) The petition includes a statement which establishes, to the satisfaction of the Director, the original deposit of the correspondence and that the correspondence or copy of the correspondence is the original correspondence or a true copy of the correspondence originally deposited with the USPS on the requested filing date. The Office may require additional evidence to determine if the correspondence was returned by the USPS due to an interruption or emergency in Priority Mail Express® service.
(h) Any person who attempts to mail correspondence addressed as set out in § 1.1(a) to the Office with sufficient postage utilizing the Priority Mail Express® Post Office to Addressee service of the USPS, but has the correspondence refused by an employee of the USPS due to an interruption or emergency in Priority Mail Express® service, may petition the Director to consider such correspondence as filed on a particular date in the Office, provided that:
(1) The petition is filed promptly after the person becomes aware of the refusal of the correspondence;
(2) The number of the Priority Mail Express® mailing label was placed on the paper(s) or fee(s) that constitute the correspondence prior to the attempted mailing by Priority Mail Express®;
(3) The petition includes the original correspondence or a copy of the original correspondence showing the number of the Priority Mail Express® mailing label thereon; and
(4) The petition includes a statement by the person who originally attempted to deposit the correspondence with the USPS which establishes, to the satisfaction of the Director, the original attempt to deposit the correspondence and that the correspondence or copy of the correspondence is the original correspondence or a true copy of the correspondence originally attempted to be deposited with the USPS on the requested filing date. The Office may require additional evidence to determine if the correspondence was refused by an employee of the USPS due to an interruption or emergency in Priority Mail Express® service.
(i) Any person attempting to file correspondence under this sect ion that was unable to be deposited with the USPS due to an interruption or emergency in Priority Mail Express® service which has been so designated by the Director, may petition the Director to consider such correspondence as filed on a particular date in the Office, provided that:
(1) The petition is filed in a manner designated by the Director promptly after the person becomes aware of the designated interruption or emergency in Priority Mail Express® service;
(2) The petition includes the original correspondence or a copy of the original correspondence; and
(3) The petition includes a statement which establishes, to the satisfaction of the Director, that the correspondence would have been deposited with the USPS but for the designated interruption or emergency in Priority Mail Express® service, and that the correspondence or copy of the correspondence is the original correspondence or a true copy of the correspondence originally attempted to be deposited with the USPS on the requested filing date.
I. EFFECTIVE DATE, WEEKENDS & HOLIDAYS
The date of deposit with the USPS is shown by the "date-in" on the "Priority Mail Express®" mailing label or other official USPS notation.
- Correspondence deposited as “Priority Mail Express®” will be stamped, and, therefore, considered as filed on the date of its deposit, regardless of whether that date is a Saturday, Sunday or Federal holiday within the District of Columbia.
II. DATE-IN, DIRECT DEPOSIT, PRIORITY MAIL EXPRESS® BOX RECEPTACLES & LOG BOOKS
The “Priority Mail Express® Post Office to Addressee” service of the USPS provides for the use of a mailing label on which the USPS clearly indicates the date on which it was deposited.
- The “date-in” on the “Priority Mail Express®” mailing label must be completed by the USPS, not by the applicant.
For correspondence filed in accordance with 37 CFR 1.10, Office personnel will routinely look to the "Priority Mail Express®" mailing label, and stamp the "date-in" or other official USPS notation as the filing date of the correspondence.
- Accordingly, if the USPS enters the deposit date as its "date-in," the correspondence will receive the deposit date as its filing date.
On petition, the failure to obtain an "Priority Mail Express®" receipt with the "date-in" clearly marked may be considered an omission that could have been avoided by the exercise of due care.
III. PRIORITY MAIL EXPRESS® MAILING LABEL NUMBER
The USPTO does not require placement of the “Priority Mail Express®” mailing label number on the correspondence prior to mailing, however, it is advisable to do so.
- To be effective, the number must be placed on each separate paper and each fee transmittal either directly on the document or by a separate paper firmly and securely attached thereto.
- Since the filing of correspondence under 37 CFR 1.10 without the number of the "Priority Mail Express®" mailing label thereon is an oversight that can be avoided by the exercise of reasonable care, requests for waiver of this requirement will not be granted on petition.
IV. PETITIONS
Descriptions of the petitions:
- 37 CFR 1.10(c) applies where there is a discrepancy between the filing date accorded by the Office and the "date-in" entered by the USPS on the "Priority Mail Express®" mailing label or other official USPS notation
- 37 CFR 1.10(d) applies where the "date-in" is incorrectly entered by the USPS
- 37 CFR 1.10(e) applies where correspondence deposited with the USPS as "Priority Mail Express®" is not received by the Office
- 37 CFR 1.10(g) applies where correspondence deposited with the USPS as "Priority Mail Express®" was returned by the USPS due to an interruption or emergency in "PRIORITY MAIL EXPRESS®" service.
V. PETITION TO CORRECT FILING DATE AND DATE-IN DISCREPANCY
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-in” entered by the USPS or other official USPS notation.
Such a petition should:
- be filed promptly after the person becomes aware that the Office has accorded, or will accord, a filing date other than the USPS deposit date;
- include a showing that the number of the “Priority Mail Express®” mailing label was placed on each piece of correspondence prior to the original mailing; and
- include a true copy of the “Priority Mail Express®” mailing label showing the “date-in” or other official notation by the USPS.
VI. PETITION TO CORRECT INCORRECTLY ENTERED DATE-IN
37 CFR 1.10(d) sets forth procedures for filing a petition to the Director to accord a filing date as of the actual date of deposit with the USPS, where the “date-in” or other official notation is incorrectly entered by the USPS.
Such a petition should:
- be filed promptly after the person becomes aware that the Office has accorded, or will accord, a filing date based upon an incorrect entry by the USPS;
- include a showing that the number of the “Priority Mail Express®” mailing label was placed on each piece of correspondence prior to the original mailing; and
- include a showing that the correspondence was deposited as “Priority Mail Express®” prior to the last scheduled pickup on the requested filing date.
VII. PETITION FOR CORRESPONDENCE NEVER RECEIVED
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.
Such a petition should:
- be filed promptly after the person becomes aware that the Office has no evidence of receipt of the correspondence;
- include a showing that the number of the “Priority Mail Express®” mailing label was placed on each piece of correspondence prior to the original mailing;
- include a true copy of the originally deposited correspondence showing the number of the “Priority Mail Express®” mailing label thereon, a copy of any returned postcard receipt, a copy of the “Priority Mail Express®” mailing label showing the “date-in” or other official notation entered by the USPS; and
- include a statement, signed by the person who deposited the documents as “Priority Mail Express®” with the USPS, setting forth the date and time of deposit, and declaring that the copies of the correspondence, “Priority Mail Express®” mailing label, and returned postcard receipt accompanying the petition are true copies of the correspondence, mailing label and returned postcard receipt originally mailed or received.
VIII. ADDITIONAL EVIDENCE MAY BE REQUIRED
37 CFR 1.10(f) provides that the Office may require additional evidence to determine whether the correspondence was deposited as “Priority Mail Express®” with the USPS on the date in question.
IX. PETITION FOR CORRESPONDENCE RETURNED DUE TO POSTAL INTERRUPTION OR EMERGENCY
37 CFR 1.10(g) provides that any person who mails correspondence addressed to the Office with sufficient postage utilizing the "Priority Mail Express® Post Office to Addressee" service of the USPS, but has the correspondence returned by the USPS due to an interruption or emergency in "Priority Mail Express®" service, may petition the Director to consider the correspondence as filed on a particular date in the Office.
Such a petition must:
- be filed promptly after the person becomes aware of the return of the correspondence;
- include a showing that the number of the "Priority Mail Express®" mailing label was placed on the paper(s) or fee(s) that constitute the correspondence prior to the original mailing by "Priority Mail Express®;"
- include the original correspondence or a copy of the original correspondence showing the number of the "Priority Mail Express®" mailing label thereon and a copy of the "Priority Mail Express®" mailing label showing the "date-in;" and
- include a statement which establishes, to the satisfaction of the Director, the original deposit of the correspondence and that the correspondence or the copy of the correspondence is the original correspondence or a true copy of the correspondence originally deposited with the USPS on the requested filing date.
X. PETITION FOR CORRESPONDENCE REFUSED DUE TO POSTAL INTERRUPTION OR EMERGENCY
37 CFR 1.10(h) provides that any person who attempts to mail correspondence addressed to the Office with sufficient postage utilizing the "Priority Mail Express® Post Office to Addressee" service of the USPS, but has the correspondence refused by an employee of the USPS due to an interruption or emergency in "Priority Mail Express®" service, may petition the Director to consider the correspondence as filed on a particular date in the Office.
Such a petition must:
- be filed promptly after the person becomes aware of the refusal of the correspondence;
- include a showing that the number of the "Priority Mail Express®" mailing label was placed on the paper(s) or fee(s) that constitute the correspondence prior to the attempted mailing by "Priority Mail Express®;"
- include the original correspondence or a copy of the original correspondence showing the number of the "Priority Mail Express®" mailing label thereon; and
- include a statement by the person who originally attempted to deposit the correspondence with the USPS which establishes, to the satisfaction of the Director, the original attempt to deposit the correspondence and that the correspondence or copy of the correspondence is the original correspondence or a true copy of the correspondence originally attempted to be deposited with the USPS on the requested filing date.
XI. PETITION FOR CORRESPONDENCE UNABLE TO BE DEPOSITED DUE TO A DIRECTOR-DESIGNATED POSTAL INTERRUPTION OR EMERGENCY
37 CFR 1.10(i) provides that any person attempting to file correspondence by "Priority Mail Express®" that was unable to be deposited with the USPS due to an interruption or emergency in "Priority Mail Express®" service which has been so designated by the Director may petition the Director to consider such correspondence as filed on a particular date in the Office.
Such a petition must:
- be filed in a manner designated by the Director promptly after the person becomes aware of the designated interruption or emergency in "Priority Mail Express®" service;
- include the original correspondence or a copy of the original correspondence; and
- include a statement which establishes, to the satisfaction of the Director, that the correspondence would have been deposited with the USPS but for the designated interruption or emergency in "Priority Mail Express®" service, and that the correspondence or copy of the correspondence is the original correspondence or a true copy of the correspondence originally attempted to be deposited with the USPS on the requested filing date.
