What happens to the expiration date of a provisional patent application if it falls on a weekend or holiday?
If the 12-month pendency period of a provisional patent application expires on a weekend or federal holiday, it is extended to the next business day. According to MPEP 710.05:
“The period of pendency of a provisional application will be extended to the next succeeding secular or business day which is not a Saturday, Sunday, or a federal holiday, if the day that is twelve months after the filing date of the provisional application under 35 U.S.C. 111(b) and 37 CFR 1.53(c) falls on Saturday, Sunday, or a federal holiday within the District of Columbia.”
This extension is provided by 35 U.S.C. 119(e)(3) and ensures that applicants have a full business day to file a non-provisional application or take other necessary actions.
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