What happens if the three-month period for deciding a supplemental examination request ends on a weekend or holiday?

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.

The MPEP 2815 addresses the situation where the three-month period for deciding a supplemental examination request ends on a non-business day:

“If the three-month period ends on a Saturday, Sunday, or federal holiday within the District of Columbia, then the certificate should issue by the preceding business day.”

This provision ensures that the USPTO meets its statutory obligation to issue a determination within three months, even when the deadline falls on a day when the office is closed. It’s important for patent practitioners and applicants to be aware of this rule when calculating expected response dates.