How are filing deadlines affected by USPTO closures?
When the USPTO is officially closed for an entire day due to adverse weather or other causes, it is considered a ‘Federal holiday within the District of Columbia’ under 35 U.S.C. 21. The MPEP states:
Any action or fee due on such a day may be taken, or fee paid, on the next succeeding business day the Office is open.
This means that if a filing deadline falls on a day when the USPTO is closed, you can submit your filing on the next business day without penalty. However, it’s important to note that this only applies to full-day closures. As the MPEP clarifies:
When the USPTO is open for business during any part of a business day between 8:30 a.m. and 5:00 p.m., papers are due on that day even though the Office may be officially closed for some period of time during the business day because of an unscheduled event.
To check if the USPTO is officially closed on a particular day, you can call 1-800-PTO(786)-9199 or (571) 272-1000.
To learn more: