710.05 Period Ending on Saturday, Sunday, or a Federal Holiday [R-07.2022]
35 U.S.C. 21 Filing date and day for taking action.
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- (b) When the day, or the last day, for taking any action or paying any fee in the United States Patent and Trademark Office falls on Saturday, Sunday, or a Federal holiday within the District of Columbia the action may be taken, or the fee paid, on the next succeeding secular or business day.
37 CFR 1.7 Times for taking action; Expiration on Saturday, Sunday, or Federal holiday.
- (a) Whenever periods of time are specified in this part in days, calendar days are intended. When the day, or the last day fixed by statute or by or under this part for taking any action or paying any fee in the United States Patent and Trademark Office falls on Saturday, Sunday, or on a Federal holiday within the District of Columbia, the action may be taken, or the fee paid, on the next succeeding business day which is not a Saturday, Sunday, or a Federal holiday. See § 90.3 of this chapter for time for appeal or for commencing civil action.
- (b) If the day that is twelve months after the filing date of a provisional application under 35 U.S.C. 111(b) and § 1.53(c) falls on Saturday, Sunday, or on a Federal holiday within the District of Columbia, the period of pendency shall be extended to the next succeeding secular or business day which is not a Saturday, Sunday, or a Federal holiday.
The federal holidays under 5 U.S.C. 6103(a) are New Year’s Day, January 1; Birthday of Martin Luther King, JR., the third Monday in January; Washington’s Birthday, the third Monday in February; Memorial Day, the last Monday in May; Juneteenth National Independence Day, June 19; Independence Day, July 4; Labor Day, the first Monday in September; Columbus Day, the second Monday in October; Veteran’s Day, November 11; Thanksgiving Day, the fourth Thursday in November; and Christmas Day, December 25. Whenever a federal holiday falls on a Sunday, the following day (Monday) is also a federal holiday. Exec. Order No. 11582, 36 FR 2957 (February 11, 1971); 5 U.S.C. 6103.
When a federal holiday falls on a Saturday, the preceding day, Friday, is considered to be a federal holiday and the U.S. Patent and Trademark Office will be closed for business on that day (5 U.S.C. 6103). Accordingly, any action or fee due on such a federal holiday Friday or Saturday is to be considered timely if the action is taken, or the fee paid, on the next succeeding day which is not a Saturday, Sunday, or a federal holiday. For example, a non-final Office action was mailed on May 31, 2019 and set a 3-month shortened statutory period that expired on Saturday, August 31, 2019. Monday, September 2, 2019 is a federal holiday. Tuesday, September 3, 2019 is a normal business day when the Office is open. In this situation, any action taken or fee paid on Tuesday, September 3, 2019, would be considered timely. The period for reply is extended to Tuesday, September 3, 2019 due to 35 U.S.C. 21 and 37 CFR 1.7. See MPEP § 711.04(a) for examples in calculating the last day of the period for reply to determine if an action taken or fee paid is considered timely.
Pursuant to 5 U.S.C. 6103(c), Inauguration Day (January 20, every 4 years) “is a legal public holiday for the purpose of statutes relating to pay and leave of employees . . .” employed in the District of Columbia and surrounding areas. It further provides that when Inauguration Day falls on a Sunday, the next day selected for the observance of the Inauguration is considered a legal public holiday for purposes of this subsection. No provision is made for an Inauguration Day falling on a Saturday.
When an amendment is filed a day or two later than the expiration of the period fixed by statute, care should be taken to ascertain whether the last day of that period was Saturday, Sunday, or a federal holiday and if so, whether the amendment was filed or the fee paid on the next succeeding day which is not a Saturday, Sunday, or a federal holiday.
An amendment received on such succeeding day which was due on Saturday, Sunday, or federal holiday is endorsed with the date of receipt. The Saturday, Sunday, or federal holiday is also indicated.
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. See 35 U.S.C. 119(e)(3) and MPEP § 201.04.