What happens if the statutory period for reply ends on a weekend or federal holiday?

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 statutory period for reply ends on a Saturday, Sunday, or federal holiday, the reply is considered timely if it is filed on the next succeeding business day. The MPEP 710.01(a) states:

A 30-day period for reply in the Office means 30 calendar days including Saturdays, Sundays, and federal holidays. However, if the period ends on a Saturday, Sunday, or federal holiday, the reply is timely if it is filed on the next succeeding business day.

It’s important to note that this rule applies to the original due date, not to extended periods. If an extension of time is granted, the extended time is added to the last calendar day of the original period, regardless of whether that day falls on a weekend or holiday.