37 CFR § 1.7 — Times for taking action; Expiration on Saturday, (MPEP Coverage Index) – BlueIron IP
37 CFR § 1.7 Times for taking action; Expiration on Saturday,
This page consolidates MPEP guidance interpreting 37 CFR § 1.7, including 56 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
37 CFR 1.7 provides critical guidelines for managing patent application deadlines when the final day falls on a weekend, federal holiday, or during an official USPTO closure.
What this section covers
- Explains how the USPTO calculates time periods for patent-related actions and deadlines.
- Defines how Saturday and federal holiday closures impact filing and response timelines.
Key obligations
- Ensure compliance with USPTO time calculation rules when submitting patent-related documents.
- Recognize that when a deadline falls on a Saturday, the next business day becomes the official deadline.
- Understand that federal holidays and official USPTO closures extend filing deadlines.
Conditions and exceptions
- Identify special circumstances that might modify standard deadline calculations.
Practice notes
- Use Priority Mail Express or certificate of mailing to document timely submissions.
- Carefully track and verify deadlines to prevent unintentional missed filing windows.
Official MPEP § 1.7 — Times for taking action; Expiration on Saturday,
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.7 Times for taking action; Expiration on Saturday, Sunday or Federal holiday.
- (a) Whenever periods of time are specified in this part in days, calendar days are intended. When the day, or the last day fixed by statute or by or under this part for taking any action or paying any fee in the United States Patent and Trademark Office falls on Saturday, Sunday, or on a Federal holiday within the District of Columbia, the action may be taken, or the fee paid, on the next succeeding business day which is not a Saturday, Sunday, or a Federal holiday. See § 90.3 of this chapter for time for appeal or for commencing civil action.
- (b) If the day that is twelve months after the filing date of a provisional application under 35 U.S.C. 111(b) and § 1.53(c) falls on Saturday, Sunday, or on a Federal holiday within the District of Columbia, the period of pendency shall be extended to the next succeeding secular or business day which is not a Saturday, Sunday, or a Federal holiday.
[48 FR 2696, Jan. 20, 1983, effective Feb. 27, 1983; corrected 48 FR 4285, Jan. 31, 1983; revised, 65 FR 14865, Mar. 20, 2000, effective May 29, 2000 (adopted as final, 65 FR 50092, Aug. 16, 2000); para. (a) revised, 78 FR 62368, Oct. 21, 2013, effective Dec. 18, 2013]
- Application Types
- App Types Provisional
- Certificate Of Mailing
- Design Patents
- Design Application
- Director Authority
- Petition Procedures
- Petition Filing
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- Examination Procedure
- Examiner Action
- Action Mailing
- Action Types
- Office Action Response
- Response Requirements
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- International Design
- Hague Principles
- Ida Filing
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- Patent Term
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- Priority Benefit
- Section 112
- Section 112A
- New Matter