35 U.S. Code § 21 - Filing date and day for taking action

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(a) The Director may by rule prescribe that any paper or fee required to be filed in the Patent and Trademark Office will be considered filed in the Office on the date on which it was deposited with the United States Postal Service or would have been deposited with the United States Postal Service but for postal service interruptions or emergencies designated by the Director.
(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.

Source

(July 19, 1952, ch. 950, 66 Stat. 794; Pub. L. 93–596, § 1,Jan. 2, 1975, 88 Stat. 1949; Pub. L. 97–247, § 12,Aug. 27, 1982, 96 Stat. 321; Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A–582; Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B),Nov. 2, 2002, 116 Stat. 1906.)
Historical and Revision Notes

Based on Title 35, U.S.C., 1946 ed., § 21 (Mar. 2, 1927, ch. 273, § 14,44 Stat. 1337).
“Fixed by statute” is omitted from the corresponding section of the existing statute as unnecessary. Saturday is added as a day on which action need not be taken.
Amendments

2002—Subsec. (a). Pub. L. 107–273made technical correction to directory language of Pub. L. 106–113. See 1999 Amendment note below.
1999—Subsec. (a). Pub. L. 106–113, as amended by Pub. L. 107–273, substituted “Director” for “Commissioner” in two places.
1982—Pub. L. 97–247substituted “Filing date and day for taking action” for “Day for taking action falling on Saturday, Sunday, or holiday” as section catchline, added subsec. (a), redesignated existing provisions as subsec. (b) and inserted “Federal” after “Sunday, or a”.
1975—Pub. L. 93–596substituted “Patent and Trademark Office” for “Patent Office”.
Effective Date of 1999 Amendment

Amendment by Pub. L. 106–113effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731] of Pub. L. 106–113, set out as a note under section 1 of this title.
Effective Date of 1982 Amendment

Amendment by Pub. L. 97–247effective six months after Aug. 27, 1982, see section 17(c) ofPub. L. 97–247, set out as an Effective Date note under section 294 of this title.
Effective Date of 1975 Amendment

Amendment by Pub. L. 93–596effective Jan. 2, 1975, see section 4 ofPub. L. 93–596, set out as a note under section 1111 of Title 15, Commerce and Trade.
Emergency Relief From Postal Situation Affecting Patent Cases

Relief as to filing date of patent application or patent and excusal of delayed fees or actions affected by postal situation beginning on Mar. 18, 1970, and ending on or about Mar. 30, 1970, see note set out under section 111 of this title.

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


37 CFR - Patents, Trademarks, and Copyrights

37 CFR Part 41 - PRACTICE BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES

37 CFR Part 42 - TRIAL PRACTICE BEFORE THE PATENT TRIAL AND APPEAL BOARD

37 CFR Part 102 - DISCLOSURE OF GOVERNMENT INFORMATION

 

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