How are 30-day periods for reply calculated in patent proceedings?
In patent proceedings, 30-day periods for reply are calculated as calendar days, including weekends and holidays. However, there is an exception for the final day of the period. According to MPEP 710.01(a):
A 30-day period for reply in the Office means 30 calendar days including Saturdays, Sundays, and federal holidays. However, if the period ends on a Saturday, Sunday, or federal holiday, the reply is timely if it is filed on the next succeeding business day.
This means that while the 30-day period includes all calendar days, if the 30th day falls on a weekend or federal holiday, the applicant has until the next business day to file a timely reply.
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