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 periodĀ 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.

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Vic Lin

Startup Patent Attorney, Cofounder at Innovation Capital Law Group
We align ourselves with Davids fighting Goliaths. Our registered patent attorneys help innovators get IP that drives funding, growth and sales. Email or call us so we can get to work on your IP: (949) 223-9623 | vlin@icaplaw.com

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