United States Patent and Trademark Office OG Notices: 20 Nov 2007
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 the Wildfires in Southern California, on October 22,
2007, as a postal service interruption and an emergency within the meaning
of 35 U.S.C. 21(a) and 37 CFR 1.10(i) and 2.195(e).
Several Post Offices have been closed in Southern California since
Monday, October 22, 2007, due to Wildfires. To determine whether a post
office has been closed or reopened, or postal services have been suspended
or resumed in a particular area due to the Wildfires in Southern California
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 all of the postal services in the affected area 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. 21(a) and 37 CFR 1.10(i) apply only to
postal interruptions and emergencies. The provisions of 35 U.S.C. 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 the Wildfires.
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 Fred
A. Silverberg, Senior Legal Advisor in the Office of Patent Legal
Administration, at (571) 272-7701 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. 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 the Wildfires.
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 (a) the correspondence would have been deposited with the
USPS but for the designated interruption or emergency in "Express Mail"
service, and (b) 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 2.101(b)(2), 2.102(a)(2), 2.198(a)(1) and
7.4(b)(2), 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. 1051(c); statements of use under 15 U.S.C.
1051(d); requests for extension of time to file a statement of use under
15 U.S.C. 1051(d); affidavits of continued use under 15 U.S.C. 1058;
renewal applications under 15 U.S.C. 1059; requests to change or correct
addresses; combined filings under 15 U.S.C. 1058 and 1059; combined
affidavits or declarations under 15 U.S.C. 1058 and 1065; responses to
notices of irregularity under 37 CFR 7.14; requests for transformation
under 37 CFR 7.31; notices of opposition to applications based on 15 U.S.C.
1141f(a); and requests for extensions of time to oppose applications
based on 15 U.S.C. 1141f(a). Therefore, it would be inappropriate to file
a petition seeking a filing date as of the date of deposit of these types
of correspondence as Express Mail.
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 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.
October 25, 2007 JON W. DUDAS
Under Secretary of Commerce for
Intellectual Property and Director of the
United States Patent and Trademark Office