How are time periods computed for patent application actions?
How are time periods computed for patent application actions?
Time periods for patent application actions are computed according to specific rules set by the USPTO. As stated in MPEP 710.02, “The day after the date of the Office action is the first day of the statutory period.” This means that the clock starts ticking on the day following the mailing date of an Office action.
Key points about computing time periods:
- The period ends on the day of the month corresponding to the starting day
- If the month has no corresponding day, the period ends on the last day of the month
- Saturdays, Sundays, and federal holidays are included in the computation
- If the last day falls on a Saturday, Sunday, or federal holiday, the period is extended to the next business day
For example, if a 3-month period starts on November 30, it would end on February 28 (or 29 in a leap year). Understanding these computation rules is crucial for applicants to avoid missing important deadlines.
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