| Mail Issues, Office Closures, Postal Emergencies, etc. |
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(90) United States Postal Service
Interruption and Emergency Under 35 U.S.C. 21(a)
The United States Patent and Trademark Office (USPTO or Office) is
designating the interruption in service of the United States Postal Service
(USPS) in the areas affected by the winter storm in Texas, Louisiana,
Arkansas, Mississippi, and Alabama beginning on Tuesday, February 16, 2021,
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(d).
Postal services in Texas, Louisiana, Arkansas, Mississippi, and Alabama
have been impacted by the winter storm to varying degrees beginning on
February 16, 2021. To determine whether a post office has been closed or
reopened, or whether postal services have been suspended or resumed in a
particular area in Texas, Louisiana, Arkansas, Mississippi, and Alabama due
to the winter storm, contact the post office directly or visit the USPS's
website at www.usps.com. More specific information should be available at
https://about.usps.com/newsroom/service-alerts/.
Once the USPS, through its website, 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(d) 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 as such
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 that 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 where correspondence would have been
deposited with the USPS but for the designated interruption or emergency in
Priority Mail Express® service. The provisions of 35 U.S.C. 21(a) and
37 CFR 1.10(i) do not apply to other emergencies, 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 dates due
to the winter storm in Texas, Louisiana, Arkansas, Mississippi, and
Alabama.
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 that 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.
In accordance with 37 CFR 1.10, the petition must:
(1) Be 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) Include the original correspondence or a copy of the original
correspondence; and
(3) Include a statement that establishes, to the satisfaction of the
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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.
If the provisions set forth in this notice do not apply, relief may be
available on petition to the Office. See, e.g., 37 CFR 1.183.
Patent-related inquiries concerning this notice may be directed to
Eugenia A. Jones, Senior Legal Advisor, at 571-272-7727, or Erin M.
Harriman, Senior Legal Advisor, at 571-272-7747, Office of Patent Legal
Administration; or by email to PatentPractice@uspto.gov.
Trademark-Related Correspondence
In general, customers may not submit any trademark filings through the
USPS. With limited exceptions, all trademark correspondence must be
submitted through the Trademark Electronic Application System. 37 CFR
2.23(a). If one of the exceptions applies, information about filing during
a postal service interruption is provided below.
37 CFR 2.195(d) addresses interruptions or emergencies in USPS Priority
Mail Express® Post Office to Addressee service that are designated as such
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 that 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(d).
The provisions of 35 U.S.C. 21(a) and 37 CFR 2.195(d) apply only to
postal interruptions and emergencies where correspondence would have been
deposited with the USPS but for the designated interruption or emergency in
Priority Mail Express® service. These provisions do not apply to other
emergencies, 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 dates due to the winter storm in Texas, Louisiana, Arkansas,
Mississippi, and Alabama.
Under 37 CFR 2.195(d), 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 that
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 that 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)(3) and 2.102(a)(1), the Priority
Mail Express® procedures cannot be used for the following types of
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US PATENT AND TRADEMARK OFFICE |
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correspondence: (1) notices of opposition to applications based on
15 U.S.C. 1141f(a), and (2) 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 with Priority Mail Express®.
The provisions of 37 CFR 2.195(d) on postal service interruptions or
emergencies apply only to correspondence filed using the Priority Mail
Express® Post Office to Addressee service 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.
If the provisions set forth in this notice do not apply, relief may be
available on petition to the Office. See 37 CFR 2.146(a)(5).
Trademark-related inquiries concerning this notice may be directed to
Charles Joyner, Office of the Deputy Commissioner for Trademark Examination
Policy, at 571-272-8942; or by email to TMPolicy@uspto.gov.
March 12, 2021 ANDREW HIRSHFELD
Commissioner for Patents, Performing the Functions and Duties of the
Under Secretary of Commerce for Intellectual Property and
Director of the United States Patent and Trademark Office
[1485 OG 296]