How are holidays treated in statutory period calculations for patent applications?
Holidays are treated as follows in statutory period calculations for patent applications:
- When the last day of a statutory period falls on a Saturday, Sunday, or federal holiday within the District of Columbia, the period is extended to the next day which is not a Saturday, Sunday, or federal holiday.
- This extension applies to federal holidays in D.C., even if the USPTO is open for business.
- The Director may provide for a further extension by prescribing a different date.
As stated in MPEP 710.01(a):
“If the last day of the period for reply falls on a Saturday, Sunday, or federal holiday within the District of Columbia, the period for reply will be extended to the next succeeding secular or business day which is not a Saturday, Sunday, or federal holiday.”
It’s important to note that this extension applies automatically and doesn’t require any action from the applicant.
To learn more: