How does the Saturday, Sunday, or federal holiday exception work for the one-year grace period?
The MPEP provides an exception to the strict one-year grace period rule when the deadline falls on a weekend or federal holiday. Specifically, it states:
“Publications, patents, public uses and sales will not bar a patent if the 1-year grace period otherwise ends on a Saturday, Sunday, or federal holiday and the application’s U.S. filing date is the next succeeding business day.”
This exception is based on 35 U.S.C. 21(b) and was affirmed in the case of Ex parte Olah, 131 USPQ 41 (Bd. App. 1960). It effectively extends the grace period to the next business day if the one-year mark falls on a non-business day.
It’s important to note that this exception applies regardless of the filing method used, including electronic filing or Priority Mail Express® submissions.
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