Can I file a patent application on weekends or holidays?

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.

While the USPTO is not open for physical filing on weekends or federal holidays, you can still file patent applications electronically or use the Priority Mail Express® service. The MPEP states:

In accordance with 37 CFR 1.6(a)(2), even when the Office is not open for the filing of correspondence on any day that is a Saturday, Sunday or federal holiday within the District of Columbia, correspondence deposited as Priority Mail Express® with the United States Postal Service in accordance with 37 CFR 1.10 will be considered filed on the date of its deposit, regardless of whether that date is a Saturday, Sunday or federal holiday within the District of Columbia (under 35 U.S.C. 21(b) or 37 CFR 1.7).

This means that if you use the Priority Mail Express® service to file your application on a weekend or holiday, it will be considered filed on that date. For electronic filings, the USPTO’s electronic filing system is available 24/7, allowing you to submit applications at any time.