What is considered a “business day” for patent term extension applications?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-29 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. For patent term extension applications, the definition of a “business day” is specific and important for calculating deadlines. According to MPEP 2754.01 : “The term ‘business day’ in this context means any Monday, Tuesday, Wednesday, Thursday, or Friday, excluding any legal holiday under 5 U.S.C. 6103.” This definition is crucial when determining the exact date a product is deemed to have received permission for commercial marketing or use, especially when the permission is transmitted after business hours or on non-business days. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Deadline for Filing an Application Under 35 U.S.C. 156(d)(1) MPEP 2754.01 Patent Term Extension Filing Deadline Begins on FDA Approval MPEP 2754.01 Deadline for Filing Patent Term Extension Application MPEP 2754.01 Application for Patent Term Extension Must Be Filed Within 60 Days of Regulatory Approval MPEP 2754.01 Permitted Application for Patent Term Extension Must Be Filed Within 60 Days of Approval MPEP 2754.01 Required Complete Application Requirement for Filing Date MPEP 2754 First Day of Patent Term Extension Period Is Marketing Approval Date MPEP 2754.01 Covered Date for Controlled Substance Review Begins 60-Day Period MPEP 2754.01 Covered Date for Drug Product Review Begins on Application Approval MPEP 2754.01 60-Day Filing Period for Complete Application MPEP 2754 Required Other Related FAQs 5 FAQs Collapse Can the 60-day filing period for patent term extension applications be extended or waived? How is the approval date determined for drug products under the Controlled Substances Act? How is the approval date determined for food or color additives in patent term extension app...