What happens if an express abandonment is filed on a weekend or holiday?
When an express abandonment is filed on a weekend or federal holiday, it is treated as received on the next business day. The MPEP 711.01 provides clear guidance on this:
“A letter of express abandonment which is personally delivered to the Office on a Saturday, Sunday, or federal holiday within the District of Columbia, will be deemed to be received on the next succeeding secular or business day and, thus, would be effective to abandon the application as of the date of receipt of the letter.”
This means that if you file an express abandonment on a Saturday, it will be considered received and effective on the following Monday (assuming Monday is not a federal holiday). This can be important for timing considerations, especially if you’re trying to avoid publication of an application.
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