MPEP § 513 — MPEP § 513
Current through: 2022-07-01

513-Deposit as Priority Mail Express® with U.S. Postal Service 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Chapter 0500 

 Section 513 
 

 
 
 
 
 
 513 Deposit as Priority Mail Express ® with
 U.S. Postal Service [R-01.2024]
 

 
 35 U.S.C. 21 
 Filing date and day for taking action. 

 
 (a) The Director may by rule prescribe that any paper or fee required
 to be filed in the Patent and Trademark Office will be considered filed in the
 Office on the date on which it was deposited with the United States Postal Service
 or would have been deposited with the United States Postal Service but for postal
 service interruptions or emergencies designated by the Director.
 

 
 *****

 

 
 37 CFR 1.6 Receipt of correspondence. 

 
 (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 USPTO patent
 electronic filing system only in accordance with the USPTO patent electronic
 filing system requirements. Correspondence officially submitted to the
 Office by way of the USPTO patent electronic filing system will be accorded
 a receipt date, which is the date in Eastern Time when the correspondence is
 received in the Office, regardless of whether that date is a Saturday,
 Sunday, or Federal holiday within the District of Columbia.
 

 
 

 
 *****

 

 
 37 CFR 1.10 Filing of correspondence by Priority Mail
 Express ® . 

 
 (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.
 

 
 

 
 

 The statutory authority for the granting of a filing date based on the date
 of deposit for correspondence sent by Priority Mail Express ® and
 received by the Office is found in section 21(a) of Title 35 of the United
 States Code.
 

 The specific rule for obtaining a filing date as of the date of deposit in
 Priority Mail Express ® (rather than the date of receipt at the
 Office) is 37 CFR
 1.10 .
 

 35 U.S.C.
 21(a) is limited to correspondence deposited with the United States
 Postal Service (USPS). The procedure in 37 CFR 1.10 is limited to
 correspondence deposited in the Priority Mail Express ® Post
 Office to Addressee service of the USPS. There are no similar provisions and no similar
 benefit can be obtained for correspondence deposited in International Express Mail.
 

 Effective July 28, 2013, the USPS changed the name of Express
 Mail ® . In addition, the USPS updated the Priority Mail
 Express ® mailing label. The mailing label now has a ‘‘date
 accepted’’ field rather than a ‘‘date-in’’ field, which was previously used on the Express
 Mail ® label.
 

 I. EFFECTIVE DATE, WEEKENDS & HOLIDAYS 37 CFR
 1.6(a)(2) provides that correspondence deposited as Priority Mail
 Express ® in accordance with 37 CFR 1.10 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. 37 CFR
 1.10 provides a procedure for assigning the date on which any
 paper or fee is deposited as Priority Mail Express ® with the
 USPS as the filing date of the paper or fee in the U.S. Patent and Trademark Office
 (Office). The date of deposit with the USPS is shown by the “date accepted” on the
 Priority Mail Express ® mailing label or other official USPS
 notation. This holds true for any day that the correspondence may be accepted as
 Priority Mail Express ® by the USPS, even when the paper or
 fee is deposited and accepted on a Saturday, Sunday or Federal holiday within the
 District of Columbia. For example, if a person files a patent application by Priority
 Mail Express ® with the USPS on a Saturday in compliance with
 37 CFR
 1.10 , they will receive the benefit of the Saturday date,
 even though the Office is closed on Saturdays and, therefore, the person could not have
 filed the application by depositing it directly at the Office on that Saturday. See
 37 CFR
 1.6(a)(1) . In those cases where the procedure of 37 CFR 1.10(a) has
 not been properly followed, e.g., the “date accepted” is illegible, the filing date of
 the correspondence will be the date of actual receipt in the Office. An applicant may
 file a petition under the conditions specified in 37 CFR 1.10(c) , (d) or
 (e) (discussed below) presenting whatever arguments and evidence
 that the paper or fee is entitled to a filing date other than the filing date accorded
 by the Office. 
 

 II. DATE ACCEPTED, DIRECT DEPOSIT, PRIORITY MAIL EXPRESS ® 
 BOX RECEPTACLES & LOG BOOKS The procedure in 37 CFR 1.10(a) requires the use of
 the Priority Mail Express ® Post Office to Addressee service
 of the USPS. This service provides for the use of a mailing label on which the USPS
 clearly indicates the date on which it was deposited. Correspondence sent by the
 Priority Mail Express ® Post Office to Addressee service is
 considered filed in the Office on the “date accepted” entered by the USPS. The “date
 accepted” 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 accepted” or
 other official USPS notation as the filing date of the correspondence. Accordingly, if
 the USPS enters the deposit date as its “date accepted,” the correspondence will receive
 the deposit date as its filing date. If the USPS deposit date cannot be determined, the
 correspondence will be accorded the date of receipt in the Office as the filing date. An
 applicant may file a petition under the conditions specified in 37 CFR 1.10(c) ,
 (d) , (e) , (g) ,
 (h) , or (i) (discussed below) presenting
 whatever arguments and evidence that the paper or fee is entitled to a filing date other
 than the filing date accorded by the Office.
 

 37 CFR
 1.10(b) further provides that 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, and that persons dealing indirectly with the employees of the USPS (such as by
 depositing correspondence 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. On petition, the failure to obtain a Priority Mail
 Express ® receipt with the “date accepted” clearly marked
 may be considered an omission that could have been avoided by the exercise of due care,
 as discussed below. While the Office strongly urges direct deposit of Priority Mail
 Express ® correspondence in order to obtain a legible copy
 of the Priority Mail Express ® mailing label, parties are not
 precluded from using Priority Mail Express ® drop boxes, but
 do so at their own risk.
 

 A paper or fee placed in a Priority Mail
 Express ® box receptacle after the box has been cleared for
 the last time on a given day will be considered to be deposited as of the date of
 receipt (“date accepted”) indicated on the Priority Mail
 Express ® mailing label by the Postal Service Priority Mail
 Express ® acceptance clerk. 37 CFR 1.10(d) 
 permits the Office to correct a USPS “date-in” error when the correspondence is
 deposited in an Priority Mail Express ® drop box prior to last
 scheduled pick up of the day, that is, the time clearly marked on the Priority Mail
 Express ® drop box indicating when the box will be cleared
 for the last time on the date of deposit. 37 CFR 1.10(d) sets forth the
 procedures to be followed to be entitled to such a correction.
 

 Parties who do use drop boxes can protect themselves from uncertainty
 due to illegible mailing labels by routinely maintaining a log of Priority Mail
 Express ® deposits in which notations are entered by the
 person who deposited the correspondence as Priority Mail
 Express ® within one business day after deposit with the
 USPS. Such evidence could be useful to later support a petition filed under
 37 CFR
 1.10(c) , (d), (e), or (g). Evidence that came into being
 after deposit and within one day after the deposit of the
 correspondence as Priority Mail Express ® may be in the form
 of a log book which contains information such as the Priority Mail
 Express ® number; the application number, attorney docket
 number or other such file identification number; the place, date and time of deposit;
 the time of the last scheduled pick-up for that date and place of deposit; the
 depositor’s initials or signature; and the date and time of entry in the log. 
 

 III. PRIORITY MAIL EXPRESS ® MAILING LABEL NUMBER While 37 CFR 1.10(b) does not require placement of the Priority Mail
 Express ® mailing label number on the correspondence prior
 to mailing, it is advisable to do so. If the number of the mailing label did not appear
 on the correspondence as originally filed, relief will not be granted on petition under
 37 CFR
 1.10(c) , (d) , (e) ,
 (g) , or (h) , even if the party who filed the
 correspondence satisfies the other requirements of 37 CFR 1.10(c) , 1.10(d) ,
 1.10(e) , 1.10(g) , or 1.10(h) . 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. In situations wherein the correspondence includes several papers directed to
 the same application (for example, the specification, drawings, and declaration for a
 new application), the correspondence may be submitted with a cover or transmittal letter
 which should itemize the papers. It is not necessary that the number be placed on each
 page of a particular paper or fee transmittal. Merely placing the number in one
 prominent location on each separate paper or fee transmittal (or cover sheet or
 transmittal letter which should itemize the separate papers and fees) will be
 sufficient. 
 

 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. A party’s
 inadvertent failure to comply with the requirements of a rule is not deemed to be an
 extraordinary situation that would warrant waiver of a rule under 37 CFR 1.183 ,
 2.146(a)(5) or 2.148. See Honigsbaum v. Lehman, 903 F. Supp. 8, 37
 USPQ2d 1799 (D.D.C. 1995) (Commissioner did not abuse his discretion in refusing to
 waive requirements of 37 CFR 1.10(c) in order to grant filing date to patent
 application, where applicant failed to produce “Express Mail” customer receipt or any
 other evidence that application was actually deposited with USPS as “Express Mail.”),
 aff’d without opinion, 95 F.3d 1166 (Fed. Cir. 1996);
 Gustafson v. Strange, 227 USPQ 174 (Comm’r Pat. 1985) (counsel’s
 unawareness of 37 CFR
 1.8 not extraordinary situation warranting waiver of a rule);
 In re Chicago Historical Antique Automobile Museum, Inc., 197 USPQ
 289 (Comm’r Pat. 1978) (since certificate of mailing procedure under 37 CFR 1.8 was
 available to petitioner, lateness due to mail delay not deemed to be extraordinary
 situation).
 

 IV. PETITIONS 37 CFR
 1.10(c) through 1.10(e) and 1.10(g) set forth
 procedures for petitioning the Director to accord a filing date as of the date of
 deposit as Priority Mail Express ® (Priority Mail Express).
 Briefly, 37 CFR
 1.10(c) applies where there is a discrepancy between the filing
 date accorded by the Office and the “date accepted” 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 accepted” 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; and
 37 CFR
 1.10(g) applies where correspondence deposited with the USPS as
 
 "Express Mail"
 
 
 was returned by
 the USPS due to an interruption or emergency in Priority Mail
 Express ® service. 
 

 37 CFR
 1.10(h) and 1.10(i) set forth procedures for
 petitioning the Director when correspondence was attempted to be deposited as Priority
 Mail Express ® . 37 CFR 1.10(h) applies where
 correspondence was refused by an employee of the USPS due to an interruption or
 emergency in Priority Mail Express ® service; and
 37 CFR
 1.10(i) applies where correspondence 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.
 

 V. PETITION TO CORRECT FILING DATE AND DATE ACCEPTED 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
 accepted” entered by the USPS or other official USPS notation. Such a petition should: 
 

 
 (A) 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; 
 

 (B) 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 
 

 (C) include a true copy of the Priority Mail
 Express ® mailing label showing the “date accepted”
 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 accepted” or other official notation is incorrectly entered by the USPS. Such
 a petition should: 
 

 
 (A) 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; 
 

 (B) 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 
 

 (C) include a showing that the correspondence was deposited as
 Priority Mail Express ® prior to the last scheduled
 pickup on the requested filing date. 
 

 
 The showing under 37 CFR 1.10(d) must be corroborated
 by (1) evidence from the USPS, or (2) evidence that came into being after deposit and
 within one business day of the deposit of the correspondence as Priority Mail
 Express ® . Evidence from the USPS may be the Priority Mail
 Express ® Corporate Account Mailing Statement. Evidence
 that came into being within one day after the deposit of the correspondence as Priority
 Mail Express ® may be in the form of a log book which contains
 information such as the Priority Mail Express ® number; the
 application number, attorney docket number or other such file identification number; the
 place, date and time of deposit; the time of the last scheduled pick-up for that date
 and place of deposit; the depositor’s initials or signature; and the date and time of
 entry in the log.
 

 The reason the Office considers correspondence to have been filed as of
 the date of deposit as Priority Mail Express ® is that this
 date has been verified by a disinterested USPS employee, through the insertion of a
 “date accepted,” or other official USPS notation, on the Priority Mail
 Express ® mailing label. Due to the questionable
 reliability of evidence from a party other than the USPS that did not come into being
 contemporaneously with the deposit of the correspondence with the USPS,
 37 CFR
 1.10(d) specifically requires that any petition under
 37 CFR
 1.10(d) be corroborated either by evidence from the USPS, or by
 evidence that came into being after deposit and within one
 business day after the deposit of the correspondence as Priority Mail
 Express ® .
 

 A petition alleging that the USPS erred in entering the “date accepted”
 will be denied if it is supported only by evidence (other than from the USPS) which was: 
 

 
 (A) created prior to the deposit of the correspondence as Priority
 Mail Express ® with the USPS (e.g., an application
 transmittal cover letter, or a client letter prepared prior to the deposit of the
 correspondence); or 
 

 (B) created more than one business day after the deposit of the
 correspondence as Priority Mail Express ® (e.g., an
 affidavit or declaration prepared more than one business day after the
 correspondence was deposited with the USPS as Priority Mail
 Express ® ).
 

 
 On the other hand, a notation in a log book, entered
 after deposit by the person who deposited the correspondence
 as Priority Mail Express ® within one business day of such
 deposit, setting forth the items indicated above, would be deemed on petition to be an
 adequate showing of the date of deposit under 37 CFR 1.10(d)(3) .
 

 37 CFR
 1.10(d)(3) further provides that a party must show that
 correspondence was deposited as Priority Mail Express ® before
 the last scheduled pickup on the requested filing date in order to obtain a filing date
 as of that 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: 
 

 
 (A) be filed promptly after the person becomes aware that the Office
 has no evidence of receipt of the correspondence; 
 

 (B) 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; 
 

 (C) 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
 accepted” or other official notation entered by the USPS; and 
 

 (D) 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. 
 

 
 37 CFR
 1.10(e) provides for the filing of a petition to accord
 correspondence a filing date as of the date of deposit with the USPS as Priority Mail
 Express ® only where the correspondence was mailed with
 sufficient postage and addressed as set out in 37 CFR 1.1(a) . There is no
 corresponding provision that correspondence be properly addressed and mailed with
 sufficient postage in 37 CFR 1.10(a), (c) and (d) , because these sections apply only to
 correspondence that is actually received by the Office. Correspondence mailed by
 Priority Mail Express ® that is actually
 received by the Office will not be denied a filing date as of the date of
 deposit as Priority Mail Express ® simply because the
 correspondence was not mailed with sufficient postage or not addressed as set out in
 37 CFR
 1.1(a) . 37 CFR 1.10(e)(3) provides that if
 the requested filing date is a date other than the “date accepted” on the Priority Mail
 Express ® mailing label, the petition should include a
 showing under 37 CFR
 1.10(d)(3) , as discussed above, that the correspondence was
 deposited as Priority Mail Express ® before the last scheduled
 pickup on the requested filing date in order to obtain a filing date as of that date.
 37 CFR
 1.10(e) applies only in those situations in which the
 correspondence at issue was lost in toto (i.e., the entire
 correspondence was not delivered to the Office). Where there is a dispute as to the
 contents of correspondence submitted to the Office (e.g., an applicant asserts that
 three sheets of drawings were submitted under 37 CFR 1.10 with an application, but
 the Office records indicate receipt of only two sheets of drawings with the
 application), an applicant may not rely upon the provisions of 37 CFR 1.10(e) to
 establish what document(s) and/or fee(s) were filed in the Office with such
 correspondence. Rather, where the records of the Office (e.g., the file of the
 application) contain any document(s) or fee(s) corresponding to the contents of the
 correspondence at issue, the Office will rely upon its official record of the contents
 of such correspondence in absence of convincing evidence (e.g., a postcard receipt under
 MPEP §
 503 containing specific itemization of the document(s) or
 fee(s) purported to have been filed with the correspondence at issue) that the Office
 received and misplaced any document(s) or fee(s) that is not among the official records
 of the Office.
 

 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 as set out in 37 CFR 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 the correspondence as filed on a
 particular date in the Office. Such a petition must:
 

 
 (A) be filed promptly after the person becomes aware of the return of
 the correspondence;
 

 (B) 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 ® ; 
 

 (C) 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
 accepted”; and
 

 (D) 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.
 

 
 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. For example, the Office may require a
 letter from the USPS confirming that the return was due to an interruption or emergency
 in the Priority Mail Express ® service.
 

 This procedure does not apply where the USPS returned the Priority Mail
 Express ® for a reason other than an interruption or
 emergency in Priority Mail Express ® service such as the
 address was incomplete or the correspondence included insufficient payment for the
 Priority Mail Express ® service.
 

 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 as set out in 37 CFR 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
 the correspondence as filed on a particular date in the Office. Such a petition
 must:
 

 
 (A) be filed promptly after the person becomes aware of the refusal of
 the correspondence;
 

 (B) 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 ® ; 
 

 (C) include the original correspondence or a copy of the original
 correspondence showing the number of the Priority Mail
 Express ® mailing label thereon; and
 

 (D) 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.
 

 
 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. For example, the
 Office may require a letter from the USPS confirming that the refusal was due to an
 interruption or emergency in the Priority Mail Express ® 
 service.
 

 This procedure does not apply where the USPS refused the Priority Mail
 Express ® for a reason other than an interruption or
 emergency in Priority Mail Express ® service such as the
 address was incomplete or the correspondence included insufficient payment for the
 Priority Mail Express ® service. In addition, this procedure
 does not apply because a Priority Mail Express ® drop box is
 unavailable or a Post Office facility is closed.
 

 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:
 

 
 (A) 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;
 

 (B) include the original correspondence or a copy of the original
 correspondence; and
 

 (C) 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.
 

 
 This procedure applies only when the Director designates an interruption
 or emergency in Priority Mail Express ® service. In the notice
 designating the interruption or emergency the Director will provide guidance on the
 manner in which petitions under 37 CFR 1.10(i) should be filed. The
 notice will be placed on the USPTO website at www.uspto.gov and published in the Official
 Gazette. 

 [top] 

 

 

 
 

 
 

 

 

 

 
 
 
 501-Filing Papers With the U.S. Patent and Trademark Office 

 502-Depositing Correspondence 
 502.01-Correspondence Transmitted by Facsimile 

 502.02-Correspondence Signature Requirements 

 502.03-Communications via Internet Electronic Mail (email) 

 502.04-Duplicate Copies of Correspondence 

 502.05-Correspondence Transmitted by EFS-Web 

 
 

 503-Application Number and Filing Receipt 

 504-Assignment of Application for Examination 

 505-Date of Receipt Stamp 

 506-Completeness of Original Application 
 506.01-[Reserved] 

 506.02-Review of Refusal To Accord Filing Date 

 
 

 507-Drawing Review in the Office of Patent Application Processing 

 508-Distribution 
 508.01-[Reserved] 

 508.02-Papers Received After Patenting or Abandonment 

 508.03-[Reserved] 

 508.04-Unlocatable Patent or Application Files 

 
 

 509-Payment of Fees 
 509.01-Deposit Accounts 

 509.02-Small Entity Status — Definitions 

 509.03-Claiming Small Entity Status 
 509.03(a)-Duty to Investigate Entitlement to Claim Small Entity Status 

 509.03(b)-Change or Correction of Status 

 
 

 509.04-Micro Entity Status — Definitions 
 509.04(a)-Gross Income Basis for Micro Entity Status 

 509.04(b) -Institution of Higher Education Basis for Micro Entity Status 

 509.04(c) -Parties Who Can Sign the Micro Entity Certification 

 509.04(d) -Continued Obligation to Determine Micro Entity Qualification 

 509.04(e) -Notification of Loss of Entitlement to Micro Entity Status 

 509.04(f) -Correcting Errors in Micro Entity Status 

 
 

 
 

 510-U.S. Patent and Trademark Office Business Hours 

 511-Postal Service Interruptions and Emergencies 

 512-Certificate of Mailing or Transmission 

 513-Deposit as Priority Mail Express® with U.S. Postal Service 

 

 

 
 

 
 
 

 
 

 

 
 
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 03/09/2026 20:50:52