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.