Question 1

What happens if an express abandonment is filed on a weekend or holiday?

Accepted Answer

When an express abandonment is filed on a weekend or federal holiday, it is treated as received on the next business day. The MPEP 711.01 provides clear guidance on this:

"A letter of express abandonment which is personally delivered to the Office on a Saturday, Sunday, or federal holiday within the District of Columbia, will be deemed to be received on the next succeeding secular or business day and, thus, would be effective to abandon the application as of the date of receipt of the letter."

This means that if you file an express abandonment on a Saturday, it will be considered received and effective on the following Monday (assuming Monday is not a federal holiday). This can be important for timing considerations, especially if you're trying to avoid publication of an application.

To learn more:

Question 2

Can I file patent applications on weekends or federal holidays?

Accepted Answer

The USPTO is not open for filing correspondence on Saturdays, Sundays, or federal holidays within the District of Columbia. However, there are exceptions:

Correspondence deposited as Priority Mail Express® with the USPS in accordance with 37 CFR 1.10 is considered filed on the date of deposit, even on weekends or holidays
Electronic filing systems may be available 24/7, but the official filing date will be the next business day

MPEP 510 cites 37 CFR 1.6(a)(1): "The Patent and Trademark Office is not open for the filing of correspondence on any day that is a Saturday, Sunday or Federal holiday within the District of Columbia."

Question 3

Can I file a patent application on weekends or holidays?

Accepted Answer

While the USPTO is not open for physical filing on weekends or federal holidays, you can still file patent applications electronically or use the Priority Mail Express® service. The MPEP states:

In accordance with 37 CFR 1.6(a)(2), even when the Office is not open for the filing of correspondence on any day that is a Saturday, Sunday or federal holiday within the District of Columbia, correspondence deposited as Priority Mail Express® with the United States Postal Service in accordance with 37 CFR 1.10 will be considered filed on the date of its deposit, regardless of whether that date is a Saturday, Sunday or federal holiday within the District of Columbia (under 35 U.S.C. 21(b) or 37 CFR 1.7).

This means that if you use the Priority Mail Express® service to file your application on a weekend or holiday, it will be considered filed on that date. For electronic filings, the USPTO's electronic filing system is available 24/7, allowing you to submit applications at any time.

To learn more:

Patent Law FAQ

Here’s the complete FAQ:

MPEP 500 - Receipt and Handling of Mail and Papers (1)

Can I file patent applications on weekends or federal holidays?

MPEP 510 - U.S. Patent and Trademark Office Business Hours (1)

Can I file patent applications on weekends or federal holidays?

Patent Law (1)

Can I file patent applications on weekends or federal holidays?

Patent Procedure (1)

Can I file patent applications on weekends or federal holidays?