§ 21. — Day for taking action falling on Saturday, Sunday, or holiday.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 35USC21]
TITLE 35--PATENTS
PART I--UNITED STATES PATENT AND TRADEMARK OFFICE
CHAPTER 2--PROCEEDINGS IN THE PATENT AND TRADEMARK OFFICE
Sec. 21. Filing date and day for taking action
(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.
(July 19, 1952, ch. 950, 66 Stat. 794; Pub. L. 93-596, Sec. 1, Jan. 2,
1975, 88 Stat. 1949; Pub. L. 97-247, Sec. 12, Aug. 27, 1982, 96 Stat.
321; Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV,
Sec. 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A-582; Pub. L.
107-273, div. C, title III, Sec. 13206(b)(1)(B), Nov. 2, 2002, 116 Stat.
1906.)
Historical and Revision Notes
Based on Title 35, U.S.C., 1946 ed., Sec. 21 (Mar. 2, 1927, ch. 273,
Sec. 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. 107-273 made 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. 97-247 substituted ``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. 93-596 substituted ``Patent and Trademark Office'' for
``Patent Office''.
Effective Date of 1999 Amendment
Amendment by Pub. L. 106-113 effective 4 months after Nov. 29, 1999,
see section 1000(a)(9) [title IV, Sec. 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. 97-247 effective six months after Aug. 27,
1982, see section 17(c) of Pub. 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. 93-596 effective Jan. 2, 1975, see section 4 of
Pub. 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.
