How does the USPTO handle statutory periods ending on a non-business day?

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 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.