How does the USPTO handle time periods ending on weekends or federal holidays?
How does the USPTO handle time periods ending on weekends or federal holidays?
The USPTO has specific rules for handling time periods that end on weekends or federal holidays. According to MPEP 710.02:
“If the last day of the period for reply falls on a Saturday, Sunday, or a federal holiday within the District of Columbia, the period runs until the next day which is neither a Saturday, Sunday, nor a federal holiday.”
This means:
- If a deadline falls on a weekend, it’s automatically extended to the next business day.
- Federal holidays in the District of Columbia also extend deadlines to the next business day.
- This extension applies to all types of time periods set by the USPTO, including statutory periods and time limits for responses.
It’s important to note that this rule applies to the actual expiration date of the period, not necessarily the date printed on the Office action. Applicants should always verify the actual due date, considering weekends and holidays, to ensure timely responses.
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