How does the USPTO handle statutory periods ending on a non-business day?
When a statutory period for a patent application ends on a non-business day, the USPTO follows these rules:
- The period is automatically extended to the next business day.
- This applies to Saturdays, Sundays, and federal holidays in the District of Columbia.
- The extension is automatic and does not require any action from the applicant.
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.”
This provision ensures that applicants are not penalized for deadlines falling on days when the USPTO is closed.
To learn more: