| Mail Issues, Office Closures, Postal Emergencies, etc. |
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(84) 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 Hurricane Helene in Florida, Georgia, North
Carolina, South Carolina, and Tennessee, beginning on Wednesday,
September 25, 2024, 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 Florida, Georgia, North Carolina, South Carolina, and
Tennessee have been impacted by Hurricane Helene to varying degrees
beginning on September 25, 2024. To determine whether a post office has
been closed or reopened, or whether postal services have been suspended or
have resumed in a particular area in Florida, Georgia, North Carolina,
South Carolina, and Tennessee due to Hurricane Helene; contact the post
office directly or visit the USPS's website at www.usps.com. More specific
information is 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 of the USPTO 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 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 in which 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 was suspended in the affected areas on the specified dates
due to Hurricane Helene in Florida, Georgia, North Carolina, South
Carolina, and Tennessee.
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
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(3) Include a statement that 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.
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.
You may direct patent-related inquiries concerning this notice to
Eugenia A. Jones, Senior Legal Advisor, at 571-272-7727; or Erin M.
Harriman, Senior Legal Advisor, at 571-272-7747, both of the Office of
Patent Legal Administration; or 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 of the USPTO 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 in which 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 was suspended in the affected
areas on the specified dates due to Hurricane Helene in Florida, Georgia,
North Carolina, South Carolina, and Tennessee.
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
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Mail Express® procedures cannot be used for the following types of
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).
You may direct trademark-related inquiries concerning this notice to
TMPolicy@uspto.gov.
October 10, 2024 KATHERINE K. VIDAL
Under Secretary of Commerce for Intellectual Property and
Director of the United States Patent and Trademark Office
[1528 OG 123]