Top of Notices Top of Notices   (51)  December 27, 2011 US PATENT AND TRADEMARK OFFICE Print This Notice 1373 CNOG  93 

Mail Issues, Office Closures, Postal Emergencies, etc. Referenced Items (5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60)
(51)             Suspension of the "Express Mail" Service of
                       United States Postal Service for
                         Mail Addressed to ZIP Codes
                             202xx Through 205xx

   On Friday, November 16, 2001, the Chief Operating Officer and
Executive Vice President of the United States Postal Service (USPS)
issued a memorandum temporarily and immediately suspending Express Mail
service to Washington, D.C., ZIP Codes 202xx through 205xx (e.g.,
20231). The USPTO is designating this interruption in the Express Mail
service of the USPS as a postal service interruption within the meaning
of 35 U.S.C. 21(a) and 37 CFR 1.6(e).

   The USPTO is establishing the following address which may be
used (as an alternative to the address set out in 37 CFR 1.1) on an
emergency basis for patent-related correspondence being delivered to
the USPTO by the USPS's Express Mail service:

      U.S. Patent and Trademark Office
      P.O. Box 2327
      Arlington, VA 22202

   Special box designations (e.g., Box PCT) should be also
included in the address as appropriate.

   To the extent that the address provided in this notice is
inconsistent with the address set forth in 37 CFR 1.1, the provisions
of 37 CFR 1.1 (and 37 CFR 1.8 and 1.10) are hereby sua sponte
waived such that correspondence addressed as set forth in this
notice will be treated as if it were addressed as set forth in 37 CFR
1.1 for purposes of 37 CFR 1.8 and 1.10.

   Parties may continue to use the Washington, D.C. 20231
addresses for the purposes set out in 37 CFR 1.1 if such correspondence
is accepted by the USPS for delivery to the USPTO and is not returned
to the sender. If such correspondence is not accepted by the USPS or is
returned, it should be resubmitted to the USPTO using the procedure set
forth below.

   The USPTO published a notice in the Official Gazette on October
9, 2001, that provides guidance in the situation in which a post office
refuses to accept the deposit of mail for delivery by Express Mail
service. See United States Postal Service Interruption and
Emergency, 1251 Off. Gaz. Pat. Office 55 (Oct. 9, 2001). This
notice was also posted on the USPTO's Internet Web site
(http://www.uspto.gov/september11/uspsnotice01.htm). The guidance set
forth in that notice also applies if a post office refuses to accept
the deposit of correspondence for delivery by Express Mail due to the
suspension of the USPS's Express Mail service to Washington, D.C., ZIP
Code 20231, as well as the situation in which correspondence is
returned as undeliverable due to this suspension.

   The guidance set forth in the above-mentioned Official Gazette
notice is reproduced below:

                  UNITED STATES POSTAL SERVICE INTERRUPTIONS
                       RELATING TO EXPRESS MAIL SERVICE

   Where the USPS refuses to accept the deposit of mail
   for delivery by express mail.

   In some cases, due to the recent emergency, certain post
   offices are refusing to accept the deposit of mail for delivery by
   Express Mail service. The USPTO is also designating this interruption
   in the Express Mail service of the USPS as a postal service
Top of Notices Top of Notices   (51)  December 27, 2011 US PATENT AND TRADEMARK OFFICE 1373 CNOG  94 

   interruption within the meaning of 35 U.S.C. 21(a) and 37 CFR 1.6(e).
   In addition, if a party attempts to deposit correspondence for delivery
   to the USPTO with the USPS by Express Mail under 37 CFR 1.10
   ("Express Mail Post Office to Addressee") and the USPS refuses to
   accept such correspondence, the party is advised to take the following
   action: mail the correspondence to the USPTO by registered or first
   class mail with a statement by the person who originally attempted to
   deposit the correspondence with the USPS by Express Mail. The statement
   must indicate the date on which the person attempted to deposit the
   correspondence with the USPS and that the USPS refused to accept the
   correspondence. The statement must be signed in accordance with 37 CFR
   10.18. The correspondence should be mailed as set out in 37 CFR 1.1(a)
   and include the special box designation: BOX FILING DATE.

   Where mail is put into an Express Mail "Drop Box" and given an incorrect
   "date in".

   In some cases a person may use an Express Mail "drop box" without
   realizing that the local post office is not accepting
   Express Mail. In that situation, the provisions of 37 CFR 1.10(d) may
   apply. Usually 37 CFR 1.10(d) is invoked where correspondence is placed
   in an Express Mail "drop box" prior to the last pick up that is
   scheduled for the drop box for that day, but the USPS enters an
   incorrect "date-in" on the Express Mail mailing label, usually the
   next day's date. To invoke 37 CFR 1.10(d), however, a petition must be
   corroborated either by evidence from the USPS or by evidence that came
   into being after deposit and within one business day of the deposit of
   the correspondence in the Express Mail drop box (e.g., a copy of a log
   book indicating that the correspondence was deposited on the date in
   question). See MPEP 513 and TMEP 702.02(e).

   Alternative Procedure Invoking "Extraordinary Circumstances"

   If a party can demonstrate that due to extraordinary circumstances the
   above procedures could not be followed, it will be
   necessary to file a petition under 37 C.F.R. 1.183 (patent matter) or
   2.146(a)(5) and 2.148 (trademark matter) to waive the requirements of
   37 C.F.R. 1.10 to permit the USPTO to accord the correspondence a
   filing date as of the date that Express Mail deposit was attempted.
   Such a petition must be accompanied by a statement by the person who
   originally attempted to deposit the correspondence with the USPS by
   Express Mail, stating the date that the deposit was attempted and that
   the USPS refused to accept the correspondence, and be signed by such
   person subject to the conditions prescribed in 37 CFR 10.18.

   Certificates of Mailing Under 37 CFR 1.8

   Parties submitting correspondence to the USPTO are
   reminded that 37 CFR 1.8 (certificate of mailing or transmission
   practice) does not provide for according a filing date as of the date
   of deposit with the USPS to correspondence submitted under 37 CFR 1.8.
   Therefore, it would be inappropriate to file a petition under 37 CFR
   1.183 or 2.146(a)(5) and 2.148 to waive the requirements of 37 CFR 1.8.


   The address set forth in 37 CFR 1.1(a)(2)(i) for trademark
filings and correspondence is not affected by this suspension of
Express Mail service by the USPS (since it is not within Washington,
D.C., ZIP Codes 202xx through 205xx). Therefore, trademark filings and
correspondence should continue to be addressed to:

      Assistant Commissioner for Trademarks
      2900 Crystal Drive
      Arlington, VA 22202-3513

   Questions concerning this notice should be directed to Cynthia
Nessler, Legal Advisor, Office of Patent Legal Administration at (703)
308-6906.

November 20, 2001                                           ANNE H. CHASSER
                                                  Acting Under Secretary of
                                     Commerce for Intellectual Property and
                                       Acting Director of the United States
                                                Patent and Trademark Office

                                 [1253 OG 103]