1709.01    TEAS Unavailable on the Date of Filing Deadline

If TEAS is unavailable, users should check the "USPTO Systems Status and Availability" page on the USPTO website to see if the USPTO has issued a notice regarding an outage. See TMEP §301.01(b) for more information regarding TEAS availability.

1709.01(a)    TEAS Unavailable Due to Widespread or Lengthy USPTO System Outage

In the event TEAS is unavailable to the general public due to a widespread or lengthy USPTO system outage on the date of the deadline for a submission, the requirement to file electronically will be waived, and filings via facsimile will be accepted without a petition or petition fee. The USPTO will provide notice of such outage on the "USPTO Systems Status and Availability" page.

Documents submitted via facsimile when not expressly authorized by posted USPTO notice or at the written direction of USPTO staff will not be accorded a date of receipt. See 37 C.F.R §2.195; see also TMEP §301.01(b) for more information regarding TEAS availability.

Submission requirements during widespread or lengthy USPTO system outage. The submission must include the Petitions Office fax cover sheet; a statement verified with a declaration under 37 C.F.R. §2.20  explaining the problem encountered when attempting to file via TEAS; proof that TEAS was unavailable (e.g., a screenshot of the TEAS error message); a copy of the document the filer is attempting to submit; and a completed credit card payment form for any required fees. The Petitions Office fax cover sheet, credit card payment form, and TEAS form previews in PDF and Word format are available for downloading on the "Submitting documents to the USPTO when unable to file electronically" webpage.

If the document that is due requires a fee, the filer may submit a credit card authorization form or authorization to charge a deposit account. The amount of the fee required in such circumstances is the same as the fee for submitting the document via TEAS, not the fee for filing documents on paper.

1709.01(b)    TEAS Unavailable Due to Limited or Short-term USPTO System Outage or User’s System Outage

If TEAS is unavailable due to either a limited or short-term USPTO system outage or a user’s system outage on the date of the deadline for submission of a document, a petition to the Director to accept a paper submission may be submitted. 37 C.F.R. §2.147(a). This petition option is not available to filers who attempt to use TEAS during a regularly scheduled system maintenance event, when it is not the day of a deadline, or when the failure to file the relevant submission through TEAS was because of user error.

Because filers would not have access to the TEAS petition form in such circumstances, the USPTO will provide a "Petition to Director" form along with other TEAS form previews in PDF and Word format on the "Submitting documents to the USPTO when unable to file electronically" webpage that may be downloaded and submitted with the other required documents.

Petition requirements. To be timely, the petition must be filed on the date of the deadline with a certificate of mailing attesting to that date. 37 C.F.R. §§2.147(a)(1)(ii), 2.197(a)(2). The filer also must submit proof with the petition that TEAS was unavailable on the date of the deadline. 37 C.F.R. §2.147(a)(2)(ii). In addition to proof of TEAS unavailability (such as screenshots) and the paper submission to be filed, the petition must include a statement of the facts relevant to the petition supported by a declaration under 37 C.F.R. §2.20  or 28 U.S.C. §1746, the fee for the petition, and any other required fees. 37 C.F.R. §2.147(a)(2).