| Mail Issues, Office Closures, Postal Emergencies, etc. |
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(71) 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 Matthew in the Southeast United States,
beginning on Wednesday, October 5, 2016, 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 the Southeast United States have been impacted by
Hurricane Matthew in varying degrees beginning on October 5, 2016. 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
Hurricane Matthew, 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 Hurricane Matthew. 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;
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(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.
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 Hurricane
Matthew.
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;
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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 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.
October 31, 2016 MICHELLE K. LEE
Under Secretary of Commerce for Intellectual Property and
Director of the United States Patent and Trademark Office
[1432 OG 272]