305.02(f) Correspondence Mailed Pursuant to 37 C.F.R. §2.197 but Not Received by USPTO
If permitted paper correspondence (see TMEP §301.01) mailed with a certificate of mailing is not received by the USPTO, the party who mailed 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 date of deposit with the USPS.
The petition must:
- (1) Be filed within two months after the date of mailing;
- (2) Include a copy of the previously mailed correspondence and certificate of mailing; and
- (3) Include a verified statement attesting to the facts of the original mailing.
37 C.F.R. §2.197(b). See TMEP §§1702–1708 regarding petitions under 37 C.F.R. §2.146.
The two-month time period for notifying the USPTO begins to run from the date that the party who filed the correspondence became aware that the USPTO has no evidence of receipt of the correspondence, unless the USPTO has issued a written action, such as a notice of abandonment or cancellation. In such situations, the issue date of the USPTO written action will serve as the starting point for measuring timeliness. See 37 C.F.R. §§2.146(d), 2.197(b)(1); TMEP §1705.04.