What happens if the 3-month period for deciding a reexamination request ends on a non-business day?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-30 10 Rules 5 Related FAQs 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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Determination Must Be Mailed by Preceding Business Day If 3-Month Period Ends on Holiday MPEP 2241 Required Ex Parte Reexamination Consideration Limited to Patents and Publications MPEP 2217 Office May Initiate Reexamination of Non-Request Claim MPEP 2240 Permitted Office May Initiate Reexamination of Non-Requested Claims MPEP 2243 Permitted Request Must Include Substantial New Question of Patentability MPEP 2216 Claim Basis for Substantial New Question of Patentability MPEP 2243 Director Must Determine Substantial New Question of Patentability Within 3 Months MPEP 2240 Claims Basis for Substantial New Question of Patentability MPEP 2240 Requirement for Substantial New Question of Patentability in Ex Parte Reexamination Request MPEP 2216 Required Director Must Determine Substantial New Question of Patentability Within Three Months MPEP 2240 Other Related FAQs 5 FAQs Collapse What should I know about multiple copending reexamination proceedings? What is the time limit for deciding on a reexamination request under 35 U.S.C. 302? Is there a time limit for requesting ree...