| Mail Issues, Office Closures, Postal Emergencies, etc. |
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(51) 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 winter storm in New York, on Wednesday, November 19,
2014, as a postal service interruption and emergency within the meaning of
35 U.S.C. § 21(a) and 37 CFR 1.10(i) and 2.195(e).
Postal services in New York have been impacted by the winter storm in
varying degrees beginning on November 19, 2014. 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 winter storm in New York,
contact the post office directly or visit the USPS's Web site at:
http://www.usps.gov. More specific information should be available at
http://about.usps.com/news/service-alerts/welcome.htm.
Once the USPS, through its Internet Web site, has notified the public
that this interruption in the service of the USPS has ended, the
designation of this interruption and emergency within the meaning of 35
U.S.C. § 21(a) and 37 CFR 1.10(i) and 2.195(e) will terminate without
further notice from the USPTO.
Patent-Related Correspondence
37 CFR 1.10(i) addresses interruptions or emergencies in USPS Priority
Mail Express® 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 Priority Mail Express® 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 Priority Mail Express® service suspended in the affected areas
on the specified date due to the winter storm. If the provisions set forth
in this notice do not apply, relief may be available on petition to the
Office. The specific type of petition would depend on the facts of the
situation and the relief sought.
37 CFR 1.10(i) provides that any person attempting to file
correspondence by Priority Mail Express® Post Office to Addressee service
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. 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
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
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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.
Patent-related inquiries concerning this notice may be directed to
Eugenia A. 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) addresses interruptions or emergencies in USPS Priority
Mail Express® 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 using the Priority Mail
Express® Post Office to Addressee service, but which was not filed due to
the interruption, should be filed promptly after the termination of the
USPS service interruption with a petition in accordance with 37 CFR 2.146
and 2.195(e).
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 Priority Mail Express® service
suspended in the affected areas on the specified date due to the winter
storm.
Under 37 CFR 2.195(e), any person attempting to file correspondence by
Priority Mail Express® Post Office to Addressee service that was unable
to be deposited with the USPS due to the interruption or emergency in
Priority Mail Express® 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 Priority Mail Express® 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 Priority Mail
Express® 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 Priority Mail Express® 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;
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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 Priority Mail Express®.
The provisions of 37 CFR 2.195(e) on postal service interruptions or
emergencies apply only to Priority Mail Express® Post Office to Addressee
correspondence, and do not apply to correspondence with a certificate of
mailing pursuant to 37 CFR 2.197. Therefore, the petition procedure set
forth in this notice is not appropriate for correspondence with a
certificate of mailing. However, petitions concerning such correspondence
or other requests for rule waivers may be considered under 37 CFR 2.146
with the requisite showing of an extraordinary situation, that justice
requires relief, and that no other party would be injured thereby.
Trademark-related inquiries concerning this notice may be directed to
Catherine Cain, Office of the Deputy Commissioner for Trademark Examination
Policy, at (571) 272-8946.
December 12, 2014 MICHELLE K. LEE
Deputy Under Secretary of Commerce for Intellectual Property and
Deputy Director of the United States Patent and Trademark Office
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