305.03(b) Discrepancy between Filing Date and "Date Accepted"
If there is a discrepancy between the filing date given by the USPTO to the correspondence and the "date accepted," the party who submitted the correspondence may file a petition to the Director under 37 C.F.R §2.146(a)(2) to have the correspondence be given a filing date as of the "date accepted." 37 C.F.R. §2.198(c).
The petition must:
- (1) Be filed within two months after the date of deposit;
- (2) Include a true copy of the Priority Mail Express® mailing label showing the "date accepted" and any other official notation by the USPS relied upon to show the date of deposit; and
- (3) Include a verified statement attesting to the facts of the original mailing.