What happens if the 3-month period for deciding a reexamination request ends on a non-business day?
If the 3-month period for deciding a reexamination request ends on a weekend or federal holiday, the USPTO must issue the determination by the preceding business day. MPEP 2241 specifically states:
“If the 3-month period ends on a Saturday, Sunday, or federal holiday within the District of Columbia, then the determination must be mailed by the preceding business day.”
This provision ensures that the USPTO meets its statutory obligation to decide on reexamination requests within the required timeframe, even when the deadline falls on a non-business day.
To learn more:
Topics:
MPEP 2200 - Citation Of Prior Art And Ex Parte Reexamination Of Patents,
MPEP 2241 - Time For Deciding Request Filed Under 35 U.S.C. 302,
Patent Law,
Patent Procedure