United States Postal Service Interruptions and Emergency Terminated

The power outage on Thursday, August 14, 2003, resulted in a number of United States Postal Service (USPS) post offices throughout the Northeast and Midwest United States being closed or not accepting mail. The United States Patent and Trademark Office (USPTO) published a notice on Friday, August 15, 2003, on its Internet Web site designating this interruption in the service of the USPS as a postal service interruption and an emergency within the meaning of 35 U.S.C. § 21(a) and 37 CFR 1.6(e). The USPS has notified the USPTO that this interruption in the service of the USPS ended on Saturday, August 16, 2003. Therefore, the USPTO has terminated the designation of this interruption in the service of the USPS as a postal service interruption and an emergency within the meaning of 35 U.S.C. § 21(a) and 37 CFR 1.6(e).

Correspondence that would have been filed with the USPTO under 37 CFR 1.10 on Thursday, August 14, 2003, through Saturday, August 16, 2003, but which was not filed due to the USPS service interruption, should now be filed with the USPTO under 37 CFR 1.10 with a statement that the correspondence would have been deposited with the USPS on Thursday, August 14, 2003, Friday, August 15, 2003, or on Saturday, August 16, 2003, but for this designated interruption in the "Express Mail" service of the USPS.

The provisions of 35 U.S.C. § 21(a) and 37 CFR 1.6(e) apply only to postal interruptions and emergencies. The provisions of 35 U.S.C. § 21(a) and 37 CFR 1.6(e) 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 a computer or word processing equipment, or the inaccessibility of an office or building other than a USPS facility.

Inquiries concerning this notice may be directed to Eugenia Jones by e-mail at eugenia.jones@uspto.gov or telephone at 703-306-5586.