35 U.S.C. § 21 — Filing date and day for taking (MPEP Coverage Index) – BlueIron IP
35 U.S.C. § 21 Filing date and day for taking
This page consolidates MPEP guidance interpreting 35 U.S.C. § 21, including 94 rules 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.
Summary
This section covers the calculation of the filing date for a U.S. nonprovisional patent application, where the first day is not counted and extensions are provided for holidays or weekends.
What this section covers
- This section explains how to determine the filing date for a U.S. nonprovisional patent application by excluding the first day of the priority period.
- It also covers how to handle situations where the filing date falls on a holiday or weekend, extending the deadline to the next business day.
Key obligations
- The filing date is calculated by excluding the first day of the priority period, ensuring it starts from the next day.
- Practitioners must ensure the filing date is correctly calculated, especially for international applications, to avoid missing critical deadlines.
Practice notes
- Filing on a holiday or weekend extends the filing deadline to the next business day, but missing the original date can result in application abandonment.
Official MPEP § 21 — Filing date and day for taking
Source: USPTOLast Modified: 10/30/2024 08:50:22
35 U.S.C. 21 Filing date and day for taking action.
- (a) The Director may by rule prescribe that any paper or fee required to be filed in the Patent and Trademark Office will be considered filed in the Office on the date on which it was deposited with the United States Postal Service or would have been deposited with the United States Postal Service but for postal service interruptions or emergencies designated by the Director.
- (b) When the day, or the last day, for taking any action or paying any fee in the United States Patent and Trademark Office falls on Saturday, Sunday, or a Federal holiday within the District of Columbia, the action may be taken, or fee paid, on the next succeeding secular or business day.
(Amended Jan. 2, 1975, Public Law 93-596, sec. 1, 88 Stat. 1949; Aug. 27, 1982, Public Law 97-247, sec. 12, 96 Stat. 321; Nov. 29, 1999, Public Law 106-113, sec. 1000(a)(9), 113 Stat. 1501A-582 (S. 1948 sec. 4732(a)(10)(A)).)
- Aia Practice
- Prior Art Aia
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- Application Types
- App Types Provisional
- Continuing Applications
- Continuation Applications
- Continuation Benefit
- Certificate Of Mailing
- Design Patents
- Design Application
- Design Priority Benefit
- Director Authority
- Petition Procedures
- Petition Filing
- Examination Procedure
- Examiner Action
- Action Types
- Office Action Response
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- Hague Principles
- Ida Examination
- Ida Filing
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- Maintenance Fee Late
- Late Payment Surcharge
- Patent Expiration Maintenance
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- Patent Term
- Term Expiration
- Pct
- Pct Filing
- Pct Request
- Section 102
- Aia Vs Preaia 102
- Section 112
- Section 112A
- New Matter