United States Patent and Trademark Office OG Notices: 27 September 2005
United States Postal Service
Interruption and Emergency under 35 U.S.C. 21(a)
The United States Patent and Trademark Office (USPTO) is
designating the interruption in service of the United States Postal
Service (USPS) in the areas affected by Hurricane Katrina in Louisiana,
Mississippi, Alabama, and Florida on August 28, 2005, as a postal
service interruption and an emergency within the meaning of 35 U.S.C.
Sec. 21(a) and 37 CFR 1.10(i) and 2.195(e).
Postal services in Louisiana, Mississippi, Alabama, and Florida have
been suspended intermittently since Sunday, August 28, 2005, due to
Hurricane Katrina. To determine whether a post office has been closed
or postal services have been suspended in a particular area due to
Hurricane Katrina, contact the post office directly or visit the USPS's
Web site at: http://www.usps.gov.
As soon as the USPTO receives further information from the USPS as to
when postal services in the affected areas will be resumed, the USPTO
will post updated information regarding this situation on the USPTO Web
site (http://ww.uspto.gov) and in the Official Gazette.
Patent-Related Correspondence
37 CFR 1.10(i) addresses interruptions or emergencies in USPS
"Express Mail Post Office to Addressee" service that are designated
by the Director for patent-related correspondence. Correspondence
covered by 37 CFR 1.10 that would have been filed with the USPTO under
37 CFR 1.10 during this USPS service interruption, but which was not
filed due to the USPS service interruption, should be filed promptly
after the termination of the USPS service interruption with a petition
in accordance with 37 CFR 1.10(i) using "Express Mail" service in
accordance with 37 CFR 1.10.
The provisions of 35 U.S.C. Sec. 21(a) and 37 CFR 1.10(i) apply only
to postal interruptions and emergencies. The provisions of 35 U.S.C.
Sec. 21(a) and 37 CFR 1.10(i) do not provide for the 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 an office or
building other than a USPS facility. These provisions apply only if the
post office was closed or "Express Mail" service suspended in the
affected areas on the specified date due to Hurricane Katrina.
37 CFR 1.10(i) provides that any person attempting to file
correspondence by "Express Mail Post Office to Addressee" service
that was unable to be deposited with the USPS due to an interruption or
emergency in "Express Mail" 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. 37 CFR 1.10(i)
specifically provides that: any person attempting to file
correspondence under this section that was unable to be deposited with
the USPS due to an interruption or emergency in "Express Mail"
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 "Express Mail" 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 "Express Mail" 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.
Patent-related inquiries concerning this notice may be directed to
Eugenia Jones, Senior Legal Advisor in the Office of Patent Legal
Administration, at (571) 272-7727 or at PatentPractice@uspto.gov.
Trademark-Related Correspondence
37 CFR 2.195(e) and 2.198 address interruptions or emergencies
in USPS "Express Mail Post Office to Addressee" service that are
designated by the Director for trademark-related correspondence.
Correspondence covered by 37 CFR 2.198 that would have been filed with
the USPTO under 37 CFR 2.198 during this USPS service interruption, but
which was not filed due to the USPS service interruption, should be
filed promptly after the termination of the USPS service interruption
with a petition in accordance with 37 CFR 2.146 and 2.198.
The provisions of 35 U.S.C. Sec. 21(a) and 37 CFR 2.195(e) apply only
to postal interruptions and emergencies. These provisions do not provide
for the 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 an office or building other than a USPS facility.
These provisions apply only if the post office was closed or "Express
Mail" service suspended in the affected areas on the specified date
due to Hurricane Katrina.
Under 37 CFR 2.195(e) and 2.198, any person attempting to file
correspondence by "Express Mail Post Office to Addressee" service
that was unable to be deposited with the USPS due to the interruption
or emergency in "Express Mail" service in the areas designated in
this notice may petition the Director to consider such correspondence
as filed on a particular date in the Office. The petition must:
(1) Be filed promptly after the ending of the designated
interruption or emergency in "Express Mail" service;
(2) Include the original correspondence or a copy of the original
correspondence; and
(3) Include a statement which establishes, to the satisfaction of
the Director, that (1) the correspondence would have been deposited with
the USPS but for the designated interruption or emergency in "Express
Mail" service, and (2) 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.
Please note that under 37 CFR 2.198(a)(1), the Express Mail
procedures cannot be used for the following types of
correspondence: applications for registration of marks; amendments
to allege use under 15 U.S.C. Sec. 1051(c); statements of use under 15
U.S.C. Sec. 1051(d); requests for extension of time to file a statement
of use under 15 U.S.C. Sec. 1051(d); affidavits of continued use under 15
U.S.C. Sec. 1058; renewal applications under 15 U.S.C. Sec. 1059; requests
to change or correct addresses; combined filings under 15 U.S.C. Secs.
1058 and 1059; combined affidavits or declarations under 15 U.S.C. Secs.
1058 and 1065; responses to notices of irregularity under 37 CFR 7.14;
and requests for transformation under 37 CFR 7.31.
Moreover, 37 CFR 2.197 (certificate of mailing procedure) does not
provide for according a filing date as of the date of deposit with the
USPS. Therefore, it would be inappropriate to file a petition seeking a
filing date as of the date of deposit of the types of correspondence
listed in 37 CFR 2.198(a)(1) as Express Mail, or as of the date on a
certificate of mailing under 37 CFR 2.197.
Trademark-related inquiries concerning this notice may be directed to
Mary Hannon, Office of the Deputy Commissioner for Trademark Examination
Policy, at (571) 272-9569.
September 2, 2005 JON W. DUDAS
Under Secretary of Commerce for
Intellectual Property and Director of the
United States Patent and Trademark Office