What is the ‘next succeeding business day’ rule for patent application deadlines?

The ‘next succeeding business day’ rule for patent application deadlines is a provision that automatically extends the statutory period when the last day falls on a non-business day. Here’s how it works:

• If the last day of a statutory period falls on a Saturday, Sunday, or federal holiday in Washington, D.C., the period is extended to the next business day.
• This rule applies even if the USPTO is open for business on the holiday.
• The extension is automatic and doesn’t require any action from the applicant.

According to MPEP 710.01(a):

“The period for reply will be extended to the next succeeding secular or business day which is not a Saturday, Sunday, or federal holiday.”

This rule ensures that applicants are not disadvantaged by deadlines falling on days when they cannot reasonably be expected to file responses or make payments.

To learn more:

• statutory period
• next business day
• patent application deadlines
• USPTO procedures