| Mail Issues, Office Closures, Postal Emergencies, etc. |
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(57) 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 police activity in the Greater Boston area in
Massachusetts, on Friday, April 19, 2013, 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 Massachusetts have been impacted by the police activity
in varying degrees beginning on April 19, 2013. 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 police activity in Massachusetts,
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.
As of April 22, 2013 or earlier, the USPS, through its Internet Web site,
has notified the public that this interruption in the service of the USPS has
ended, and thus 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) has terminated.
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 police activity in Massachusetts. 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 "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
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(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 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) 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
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 police activity in
Massachusetts.
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
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petition seeking a filing date as of the date of deposit of these types
correspondence as Express Mail.
The provisions of 37 CFR 2.198(e) on postal service interruptions or
emergencies apply only to "Express Mail 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.
May 1, 2013 TERESA STANEK REA
Acting Under Secretary of Commerce for Intellectual Property and
Acting Director of the United States Patent and Trademark Office
[1390 OG 261]