By Christopher P. Singer --
In a Notice dated September 18, 2008, the U.S. Patent and Trademark Office announced that the postal interruptions cause by Hurricane Gustav in regions of Louisiana and Texas (beginning on August 30, 2008) and by Hurricane Ike in regions of Florida, Louisiana, and Texas (beginning on September 7, 2008) have been deemed to be a "service interruption and emergency" falling within the provisions of 35 U.S.C. § 21(a) and 37 C.F.R. §§ 1.10(i) and 2.195(e). The Notice suggests that one should contact post offices directly in order to determine whether that post office has been closed or has reopened in a particular area, or visit the U.S. Post Office's (USPS) website. Once the USPS through its website announces to the public that the interruption has ended, the designation of "service interruption and emergency" under the provisions will terminate without additional notice from the USPTO.
It is important to note that the emergency interruption provisions are applicable only to postal interruptions (e.g., post office closed or suspended Express Mail service) and does not provide for the granting of a filing date to correspondence that is not timely filed because of other circumstances (e.g., closing of buildings other than a Post Office). Petitions to accord a filing date in light of the weather related emergencies can be made under 37 C.F.R. § 1.10(i). Additional questions regarding this interruption can be directed to Eugenia Jones, Senior Legal Advisor in the OPLA, by phone 571-272-7701 or by e-mail at [email protected].
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