What can an applicant do if they miss the EFS deadline?

If an applicant misses the Electronic Filing System (EFS) deadline for a patent application, the best course of action is to utilize an expedited mailing option provided by the United States Postal Service, specifically through Priority Mail Express. This choice allows the applicant to ensure that their application reaches the Patent Office as quickly as possible, thereby minimizing the delay associated with missing the EFS deadline.

Using Priority Mail Express is particularly important because it comes with a guarantee of delivery, which can be critical when adhering to strict filing regulations and deadlines. Additionally, the filing must still comply with relevant rules regarding the submission of the application after a deadline has passed, and timely proof of mailing is often necessary to validate the submission time.

Alternative options, such as filing a late application or submitting a request for an extension, generally do not allow for retroactive filing at the deadline. Regular mail with a delayed penalty might not meet the stringent requirements for timely filings as dictated by the USPTO's rules. Therefore, leveraging Priority Mail Express is an effective way for applicants to mitigate the issue of a missed deadline.