Patent bar Benefit and priority claims question: benefit claim timely

Patent barBenefit and priority claims

An inventor filed a provisional application on March 7, 2025. March 7, 2026 is a Saturday and March 9, 2026 is a Monday that is not a federal holiday. She files a nonprovisional application claiming the provisional's benefit on March 9, 2026, without any petition. Is the benefit claim timely?

A No, because Patent Center would have accepted a filing on Saturday, March 7, 2026
B No, because the period ended on March 7, 2026 and a petition to restore is required
C Yes, because a provisional remains pending for 14 months
D Yes, because the 12-month period ending on a Saturday runs to the next business day
E No, because a nonprovisional must be filed within 11 months to leave time for the claim

Show the answer and explanation

Answer: D. Yes, because the 12-month period ending on a Saturday runs to the next business day

Answer: Yes, because the 12-month period ending on a Saturday runs to the next business day. 35 U.S.C. 119(e)(3) provides that if the last day of the 12-month period falls on a Saturday, Sunday or federal holiday in the District of Columbia, the period is extended to the next succeeding business day. The nonprovisional filed on Monday, March 9, 2026 is timely (MPEP 211.01(a)). Why not the others: - Restoration petition required: restoration under 1.78(b) is needed only when filing after the extended period. - Within 11 months: the statute allows 12 months. - Saturday electronic filing: the option to file on Saturday does not remove the statutory extension. - Pending for 14 months: a provisional is abandoned 12 months after filing; the 14-month window applies only to restoration on petition. Rule: A 119(e) 12-month period ending on a weekend or federal holiday runs to the next business day. Source: MPEP § 211.01(a) (9th ed., Rev. 01.2024); 35 U.S.C. 119(e)(3); 37 CFR 1.7, 1.78(a); as at Oct 2026

Common mistake

Thinking that weekend electronic filing removes the 21(b)-style extension.

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A provisional application was filed on June 2, 2025. Because of an unintentional docketing error, the nonprovisional application was filed on July 20, 2026. The applicant wants the benefit of the provisional. What is required?A parent application received a notice of allowance, and the issue fee was paid; the patent issued on Tuesday, August 4, 2026. The applicant filed a continuation claiming the parent's benefit on Tuesday, August 4, 2026, before the issue date had passed. Is the continuation entitled to the parent's filing date, assuming the parent supports its claims?A claim recites a mathematical formula for calculating the optimal cure time of rubber, and further recites constantly measuring mold temperature, recalculating the cure time with the formula, and automatically opening the press when the calculated time has elapsed. Under the USPTO's analysis, which conclusion is best supported?

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Original study material written from the MPEP; not a question from the current exam.Independent. Not affiliated with or endorsed by the USPTO. Verify figures and rules against current guidance before relying on them.