What is the ‘next succeeding business day’ rule for patent application deadlines?

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 ‘next succeeding business day’ rule for patent application deadlines is a provision that automatically extends the statutory period when the last day falls on a non-business day. Here’s how it works:

• If the last day of a statutory period falls on a Saturday, Sunday, or federal holiday in Washington, D.C., the period is extended to the next business day.
• This rule applies even if the USPTO is open for business on the holiday.
• The extension is automatic and doesn’t require any action from the applicant.

According to MPEP 710.01(a):

“The period for reply will be extended to the next succeeding secular or business day which is not a Saturday, Sunday, or federal holiday.”

This rule ensures that applicants are not disadvantaged by deadlines falling on days when they cannot reasonably be expected to file responses or make payments.