What happens if the three-month period for deciding a supplemental examination request ends on a weekend or holiday?
The MPEP 2815 addresses the situation where the three-month period for deciding a supplemental examination request ends on a non-business day:
“If the three-month period ends on a Saturday, Sunday, or federal holiday within the District of Columbia, then the certificate should issue by the preceding business day.”
This provision ensures that the USPTO meets its statutory obligation to issue a determination within three months, even when the deadline falls on a day when the office is closed. It’s important for patent practitioners and applicants to be aware of this rule when calculating expected response dates.
To learn more:
Topics:
MPEP 2800 - Supplemental Examination,
MPEP 2815 - Time For Deciding Request,
Patent Law,
Patent Procedure