How does the USPTO handle facsimile transmissions received outside of business hours?
The USPTO has specific rules for handling facsimile transmissions received outside of business hours, as outlined in MPEP 502.01:
Correspondence for which transmission was completed on a Saturday, Sunday, or Federal holiday within the District of Columbia, will be accorded a receipt date of the next succeeding day which is not a Saturday, Sunday, or Federal holiday within the District of Columbia.
This means that if a facsimile transmission is completed during non-business hours, weekends, or federal holidays, the USPTO will assign it a receipt date of the next business day. For example:
- A fax completed on Friday at 9:05 p.m. Pacific time (12:05 a.m. Saturday Eastern time) would be accorded a receipt date of the following Monday (assuming Monday is not a federal holiday).
- A fax completed on a federal holiday would be accorded a receipt date of the next business day.
It’s important to note that while the actual transmission may occur outside of business hours, the official receipt date will always be a business day. This can be crucial for meeting deadlines and calculating time-sensitive patent-related actions.
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