How are statutory periods calculated for holidays and weekends?

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.

When calculating statutory periods for patent applications, holidays and weekends are handled as follows:

  • If the last day of the period falls on a Saturday, Sunday, or federal holiday within the District of Columbia, the period is extended to the next day that is not a Saturday, Sunday, or federal holiday.
  • This extension applies to deadlines for both the USPTO and applicants.

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.”

Tags: Holidays, statutory period, USPTO deadlines, weekends