305.03(c) Incorrectly Entered "Date Accepted" 
If the party who submitted the correspondence can show that the "date accepted" was incorrectly entered or omitted by the USPS, the party 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 the correspondence is shown to have been deposited with the USPS. 37 C.F.R. §2.198(d).
The petition must:
- (1) Be filed within two months after the date of deposit;
- (2) Include proof that the correspondence was deposited in the Priority Mail Express® Post Office to Addressee service prior to the last scheduled pickup on the requested filing date. Such proof must be corroborated by evidence from the USPS or evidence that came into being within one business day after the date of deposit; and
- (3) Include a verified statement attesting to the facts of the original mailing.