301.02(f)    "Grandfathered" Applications and Post-Registration Maintenance Documents

Under the rules mandating electronic filing, the TEAS RF application filing option was renamed TEAS Standard and the TEAS Regular application filing option was eliminated. Applications filed prior to February 15, 2020 that were submitted on paper or using a TEAS Regular application form, which did not require use of TEAS for other application-related submissions, are "grandfathered" under the prior rules, which permit paper submissions, until the application registers or is abandoned and is not eligible to be revived or reinstated pursuant to 37 C.F.R. §2.64, §2.66, or §2.146. If such an applicant or its attorney chooses to use TEAS to submit a document during the pendency of the application, the application loses its grandfathered status. The TEAS form will require the email address of the applicant and its qualified U.S. attorney, if represented, to be provided, and the USPTO will send all future correspondence to the email address of the applicant or its attorney, as appropriate.

Applicants that filed an application prior to February 15, 2020 using the TEAS RF or TEAS Plus application form were already subject to the requirement to correspond electronically with the USPTO at the time of filing. If a TEAS Plus or TEAS RF applicant submits a response to an Office action or other document on paper, the applicant must submit a petition requesting acceptance of the paper filing under 37 C.F.R. §2.146  or §2.147  with the required petition fee, as appropriate. See TMEP §§301.02(e), 1702, 1709. The applicant will not be charged the additional processing fee under prior 37 C.F.R. §2.22(c)  or §2.23(c).

Registrants that filed post-registration maintenance documents on paper prior to February 15, 2020 are grandfathered under the prior rules until the acceptance or final rejection of the filing, unless the registrant or its qualified U.S. attorney, if represented, elects to use TEAS to submit a document during the pendency of the post-registration matter. Any subsequent post-registration filings must be submitted electronically through TEAS.