How are holidays treated in statutory period calculations for patent applications?
Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-10
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.
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.