What is the difference between ‘calendar months’ and ‘months’ in USPTO statutory periods?
The USPTO distinguishes between ‘calendar months’ and ‘months’ when calculating statutory periods:
- Calendar months: Expire on the day of the next month having the same number as the day of the month from which the period runs. If there is no such day the following month, the period ends on the last day of that month.
- Months: Periods expressed in months end on the same day of the month as they began, unless that day does not exist in the final month.
According to MPEP 710.01(a): “The word ‘month’ means calendar month and ‘day’ means calendar day in computing the time for reply.”
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