How are statutory periods calculated for Office actions in patent applications?
How are statutory periods calculated for Office actions in patent applications?
Statutory periods for Office actions in patent applications are calculated as follows:
- The day after the date of the Office action is counted as the first day.
- Saturdays, Sundays, and federal holidays within the District of Columbia are included in the computation.
- The last day of the period is included unless it falls on a Saturday, Sunday, or federal holiday within the District of Columbia, in which case the period runs until the next day that is not a Saturday, Sunday, or federal holiday.
According to MPEP 710.02: “The actual date of receipt of the Office action is important for purposes of determining when the shortened statutory period expires.” This means that the response time is calculated from when the applicant receives the Office action, not from the mailing date.
To learn more: