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35 U.S.C. § 21 — Filing date and day for taking action

submitted 74 years ago by ch. 950 to r/title-35-PATENTS · 119 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets the Patent and Trademark Office treat mailed papers as filed on their mailing date. That includes situations where postal delays or emergencies prevented actual deposit. It also moves weekend or holiday deadlines to the next business day.

(a) The Director may make a rule saying that any paper or fee required to be filed with the Patent and Trademark Office counts as filed on the date it was deposited with the United States Postal Service. This also covers the date it would have been deposited, if postal service interruptions or emergencies the Director has designated prevented that deposit. (b) If the day — or the last day — for taking an action or paying a fee at the United States Patent and Trademark Office falls on a Saturday, Sunday, or federal holiday within the District of Columbia, the action can be taken, or the fee paid, on the next business day instead.
the actual law source: uscode.house.gov ↗public domain
(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 credit: (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.)

history & why it existsrecord from the source credit
  • 1952Enacted · Act of July 19, 1952, ch. 950 · 66 Stat. 794
  • 1975Amended · Pub. L. 93-596 · 88 Stat. 1949
  • 1982Amended · Pub. L. 97-247 · 96 Stat. 321
  • 1999Amended · Pub. L. 106-113 · 113 Stat. 1536, 1501
  • 2002Amended · Pub. L. 107-273 · 116 Stat. 1906

A history note hasn’t been published yet. The record shows enactment by ch. 950 on 1952-07-19.

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