What is the difference between a statutory period and a 30-day period in USPTO communications?

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.

The MPEP distinguishes between statutory periods and 30-day periods in USPTO communications:

• A statutory period is typically calculated in months and ends on the corresponding day of the future month.
• A 30-day period means 30 calendar days, including weekends and holidays.

The MPEP 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.”

This distinction is important for accurately calculating deadlines and avoiding unintentional abandonment of applications.