What happens if a maintenance fee due date falls on a weekend or holiday?
When a maintenance fee due date falls on a weekend or federal holiday in the District of Columbia, the payment can be made on the next business day without penalty. The MPEP 2506 states:
“If the day for paying a maintenance fee falls on a Saturday, Sunday, or a federal holiday within the District of Columbia, the maintenance fee may be paid on the next succeeding day that is not a Saturday, Sunday, or federal holiday.”
However, it’s important to note that this extension does not affect the patent’s expiration date. The MPEP clarifies:
“This situation results from the provisions of 35 U.S.C. 21, but those provisions do not extend the expiration date of the patent if the maintenance fee and any required surcharge are not paid when required.”
Therefore, while you can pay on the next business day, failing to do so will result in the patent expiring on its original due date, not the extended payment date.
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