How does the Saturday, Sunday, or federal holiday exception work for the one-year grace period?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 9 Rules 5 Related FAQs 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. The MPEP provides an exception to the strict one-year grace period rule when the deadline falls on a weekend or federal holiday. Specifically, it states: “Publications, patents, public uses and sales will not bar a patent if the 1-year grace period otherwise ends on a Saturday, Sunday, or federal holiday and the application’s U.S. filing date is the next succeeding business day.” This exception is based on 35 U.S.C. 21(b) and was affirmed in the case of Ex parte Olah, 131 USPQ 41 (Bd. App. 1960). It effectively extends the grace period to the next business day if the one-year mark falls on a non-business day. It’s important to note that this exception applies regardless of the filing method used, including electronic filing or Priority Mail Express® submissions. Related Rules from the Manual of Patent Examining Procedure 9 rules Collapse Grace Period for Pre-AIA 102(b) Bar MPEP 2133 Required Filing Date Not Affected by Electronic Filing MPEP 2133 1-Year Grace Period for Public Disclosure Before Filing MPEP 2133 Disclosure Before Filing Bars Patent MPEP 2133 Obvious Variant Prior Art Bars Patentability MPEP 2133 Rule Not Applicable to FITF Applications MPEP 2133 Requirement for Novelty Under Pre-AIA 35 U.S.C. 102(b) MPEP 2133 Required Public Use, Sale, Publication, or Patent Discloses Invention MPEP 2133 Declassified Patent Application Required MPEP 130 Other Related FAQs 5 FAQs Collapse What is the significance of the America Invents Act (AIA) in relation to pre-AIA 35 U.S.C. 102(b)? Can an inventor&#8217;s own disclosure bar them from obtaining a patent? What is the one-year grace period under pre-AIA 35 U.S.C. 102(b)? How is the one-year time bar measured for patent applications? What types...