305.03(d) Correspondence Not Received by the USPTO
If correspondence is properly addressed to the USPTO pursuant to 37 C.F.R. §2.190 (see TMEP §305.01) and deposited with sufficient postage in the Priority Mail Express® Post Office to Addressee service of the USPS, but not received by the USPTO, the party who submitted the correspondence may file a petition to the Director under 37 C.F.R. §2.146(a)(2) to consider the correspondence filed in the USPTO on the USPS deposit date. 37 C.F.R. §2.146(e).
The petition must:
- (1) Be filed within two months after the date of deposit;
- (2) Include a copy of the previously mailed correspondence showing the number of the Priority Mail Express® mailing label thereon; and
- (3) Include a verified statement attesting to the facts of the original mailing.