How are filing deadlines affected by USPTO closures?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

When the entire USPTO is officially closed for business for an entire day due to adverse weather or other causes:

  • The day is considered a “Federal holiday within the District of Columbia” under 35 U.S.C. 21
  • Any action or fee due on such a day may be taken or paid on the next succeeding business day the Office is open

MPEP 510 states: “When the entire USPTO is officially closed for business for an entire day, for reasons due to adverse weather or other causes, the Office will consider each such day a ‘Federal holiday within the District of Columbia’ under 35 U.S.C. 21. Any action or fee due on such a day may be taken, or fee paid, on the next succeeding business day the Office is open.”

Topics: MPEP 500 - Receipt and Handling of Mail and Papers MPEP 510 - U.S. Patent and Trademark Office Business Hours Patent Law Patent Procedure
Tags: Access Restrictions, Conduct Sanctions, Priority Mail Express, Search Procedures