Patent bar Fees, entity status, papers and deadlines question: last day for a timely reply

Patent barFees, entity status, papers and deadlines

A non-final Office action mailed on January 30, 2026 set a three-month shortened statutory period for reply. The applicant files a reply with a petition and fee for a one-month extension under 37 CFR 1.136(a). May 30, 2026 is a Saturday, and Monday, June 1, 2026 is not a federal holiday. What is the last day for a timely reply?

A May 29, 2026
B April 30, 2026
C May 30, 2026
D June 1, 2026
E July 30, 2026

Show the answer and explanation

Answer: D. June 1, 2026

Answer: June 1, 2026. The three-month period ends on April 30, 2026; a one-month extension moves it to May 30, 2026. Because May 30, 2026 is a Saturday, 35 U.S.C. 21(b) and 37 CFR 1.7 let the reply be filed on the next business day, Monday, June 1, 2026 (MPEP 710.01(a), 710.02(e)). Why not the others: - April 30, 2026: the unextended date; the applicant bought a month. - May 30, 2026: the extended date falls on a Saturday, so it moves. - May 29, 2026: filing then is timely but it is not the last day. - July 30, 2026: that would be six months, the statutory maximum, not the end of a one-month extension. Rule: Add the purchased extension to the period, then move a weekend or federal holiday end date to the next business day. Source: MPEP § 710.01(a), § 710.02(e) (9th ed., Rev. 01.2024); 35 U.S.C. 21(b); 37 CFR 1.7, 1.136(a); as at Oct 2026

Common mistake

Forgetting to apply the weekend rule after adding the extension.

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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.