How are 30-day periods for reply calculated in patent proceedings?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-10 10 Rules 5 Related FAQs This page is an FAQ based on guidance 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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Abandonment Date Regardless of Holiday MPEP 710.01(a) Permitted Extension Not Affected by Holiday MPEP 710.01(a) Permitted Application Abandoned on June 1 if No Reply by May 31 MPEP 710.01(a) Permitted Application Abandoned After Midnight If Timely Reply Not Filed MPEP 710.01(a) Application Abandoned for Missing Prosecution Within Six Months MPEP 710 Required Director May Extend Time for Taking Action on Important Inventions MPEP 710 Permitted Technology Center Director Decides Time Extensions MPEP 710 Reply to Office Action Due Dates MPEP 710.01(a) Permitted 1-Month Extension Extends Reply Date to Following Month MPEP 710.01(a) Extension of Reply Time for Office Action MPEP 710.01(a) Other Related FAQs 5 FAQs Collapse What is the &#8216;next succeeding business day&#8217; rule for patent application deadlines? What happens if the statutory period for reply ends on a weekend or federal holiday? What should applicants know about recognizing reply due dates for patent ap...