When is the nonprovisional filing due date if the deadline falls on a weekend or holiday?

When is the nonprovisional deadline?

The 1-year anniversary of a US provisional patent application or a foreign priority application may occasionally fall on a non-business day. In such circumstances, the deadline for filing a US nonprovisional application claiming priority to the earlier priority application extends to the next business day.

What if the nonprovisional due date falls on a weekend?

When the last day of the 12-month period for claiming the benefit of a US provisional application falls on a Saturday, Sunday or federal holiday, MPEP 211.01(a) states that the nonprovisional application may be filed on the next succeeding business day.

If the last day of the 12-month period for filing a US non-provisional application claiming priority to a foreign application falls on a Saturday, Sunday or federal holiday, the non-provisional application may be filed on the next succeeding secular or business day according to MPEP 213.03.

The same principle applies for US design patent applications due within 6 months of the priority date.  See  35 U.S.C. 21(b), 37 CFR 1.7(a), and Hague Agreement Rule 4(4).

PCT Rule 80.5 has similar provisions when it comes to the last day of any period during which any document or fee in an international application must reach a national IP Office or intergovernmental organization.

How useful was this post?

Click on a star to rate it!

Thank you for rating my post!

We want to do better.

Could you tell us what was missing in our post?

Innovation Capital Law Group

Design Patent Money-Back Guarantee
Get your design patent allowed or attorney's fees refunded. Call or email Vic to see if your design qualifies.

( Got hesitations? )
Success-based Attorney Fees. Answer 3 quick questions to explore our Attorney Fee Guarantee programs:

1) How much would you pay for a refundable trademark application (get your trademark app allowed or your attorney's fees refunded)? *

1) How much would you pay for a refundable trademark application (get your trademark app allowed or your attorney's fees refunded)? *

2) How much would you pay for a refundable Design Patent application (get your design patent app allowed or your attorney's fees refunded)? *

2) How much would you pay for a refundable Design Patent application (get your design patent app allowed or your attorney's fees refunded)? *

3) Email (only if you would like to explore working with us)

3) Email (only if you would like to explore working with us)

Not sure where to start? Start here to protect your IP.

Copyright © Vic Lin 2023