37 C.F.R. § 1.7

Times for taking action; Expiration on Saturday, Sunday or Federal holiday

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(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.

[65 FR 14871, Mar. 20, 2000, as amended at 78 FR 62395, Oct. 21, 2013]

Notes of Decisions

Cited in 3 cases, 1955–2016 · leading case: UCB, Inc. v. Accord Healthcare, Inc., 201 F. Supp. 3d 491 (D. Del. 2016).

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UCB, Inc. v. Accord Healthcare, Inc., 201 F. Supp. 3d 491 (D. Del. 2016). “See 37 C.F.R. § 1.7 (1996). After the PTO Examiner informed the prosecuting attorney that the ’688 Application could not lawfully claim priority to the ’522 Provisional, the prosecuting attorney authorized withdrawing the prior claim.”

Jerold B. Smith & the Cardinal Corp. v. Gerald J. Mossinghoff, Comm'r of Patents & Trademarks, 671 F.2d 533 (D.C. Cir. 1982). “The district court also found that since Smith’s attorney had until midnight of September 18, 1978, to act (37 CFR 1.7), he had sufficient time to take appropriate action.”

Ferwerda v. Bendix Aviation Corp., 136 F. Supp. 620 (D.N.J. 1955). “The plaintiffs contend, however, that the period of limitations was extended by Rule 7 of the Rules of Practice of the Patent Office, 37 C.F.R. § 1.7 , 35 U.S.C.A.Appendix, § 1.”

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