TMEP 309: Unscheduled Closings of the United States Patent and Trademark Office

October 2017 Edition of the TMEP

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309    Unscheduled Closings of the United States Patent and Trademark Office

When the USPTO is officially closed by executive order of the President or by the Office of Personnel Management for an entire day because of some unscheduled event, such as adverse weather conditions, the USPTO will consider that day to be a "Federal holiday within the District of Columbia" under 35 U.S.C. §21(b).  37 C.F.R. §2.2(d).  Any action or fee due that day is considered timely if the action is taken, or the fee paid, on the next succeeding business day that the USPTO is open.

However, when the USPTO is open for business during any partof a business day between 8:30 a.m. and 5:00 p.m., documents are due on that day even though the USPTO may be officially closed for some period of time during the business day because of an unscheduled event.  TEAS, or the procedures of 37 C.F.R. §2.197, may be used, as appropriate, for the filing of documents during unscheduled closings of the USPTO.