All MPEP Chapters

Chapter 500

Receipt and Handling of Mail and Papers

Chapter 500 covers the receipt and handling of correspondence with the USPTO including filing deadlines, certificate of mailing rules, and Priority Mail Express filing. Key rule: certificate of mailing applies only to papers in existing applications — NOT new applications.


Core Concepts

Certificate of Mailing — 37 CFR 1.8 / MPEP 512 Allows using date of deposit with USPS as filing date for most USPTO papers. Applies to papers in existing applications only — NOT new applications, not international filings, not national stage entries. Also excludes: Board proceedings, interference/trial proceedings, and correspondence to PTAB. Certificate must be signed and must identify the paper. If mail is lost, must petition with evidence of deposit.

Priority Mail Express — 37 CFR 1.10 / MPEP 513 New applications CAN use Priority Mail Express deposit date as filing date. Must use USPS Priority Mail Express with date of deposit label. Date on label = filing date. Also applies to national stage entries. Does NOT apply to regular first-class mail.

Deadlines — Saturdays, Sundays, Federal Holidays — 37 CFR 1.7 If deadline falls on Saturday, Sunday, or federal holiday in DC, deadline automatically extends to next business day. Applies to USPTO regulatory deadlines only — not statutory bars. USPTO closures due to weather/emergency also trigger extension.

Office of Filing and Information Management — MPEP 501 All papers must be addressed to Director of USPTO. Papers addressed elsewhere risk not receiving official USPTO filing date. Electronic filing via Patent Center preferred — gets filing date of submission if received by midnight ET.

Time Periods — MPEP 505 Statutory periods set by statute — cannot be extended by petition (e.g., 12-month provisional deadline). Regulatory periods set by rule — can be extended by petition with fee under 37 CFR 1.136. Know the difference: statutory vs regulatory period extension rights.


Key Rules

1.Certificate of mailing: applies to existing applications only — NOT new application filings
2.Certificate of mailing also excludes: Board proceedings, interference/trial proceedings
3.Priority Mail Express: deposit date = filing date for new applications
4.Weekend/holiday deadline: automatically extends to next business day for regulatory deadlines only
5.Statutory periods (e.g., 12-month provisional) cannot be extended by petition
6.Regulatory periods can be extended under 37 CFR 1.136 with fee
7.Electronic filing via Patent Center: filing date = date of receipt if before midnight ET
8.Papers must be addressed to Director of USPTO to ensure official filing date

EXAM TIP

Most tested rule: certificate of mailing (37 CFR 1.8) vs Priority Mail Express (37 CFR 1.10). Certificate of mailing CANNOT be used for new applications — only for papers in pending applications. Priority Mail Express CAN establish a filing date for new applications. Also remember: certificate of mailing does NOT apply to Board proceedings or interference/trial proceedings.


Common Traps

1.Using certificate of mailing for a new application — only Priority Mail Express works for new apps
2.Using certificate of mailing for Board proceedings or interference/trial proceedings — excluded
3.Missing that weekend/holiday extension applies only to regulatory deadlines, not statutory bars
4.Thinking all USPTO deadlines are extendable by petition — statutory deadlines are not
5.Forgetting certificate of mailing must be signed to be effective
6.Assuming electronic filing is instantaneous — must be received before midnight ET for that date

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Sections

501Filing Papers With the U.S. Patent and Trademark Office
502Depositing Correspondence
503Application Number and Filing Receipt
High Yield
504Assignment of Application for Examination
505Date of Receipt Stamp
506Completeness of Original Application
High Yield
507Drawing Review in the Office of Patent Application Processing
508Distribution
509Payment of Fees
High Yield
510U.S. Patent and Trademark Office Business Hours
511Postal Service Interruptions and Emergencies
512Certificate of Mailing or Transmission
High Yield
513Deposit as Priority Mail Express® with U.S. Postal Service
High Yield