35-U.S.C.-21
§21 – Filing Date and Day For Taking Action
Pathway
Title 35 > Part I > Chapter 2 > Section 21
Details
- Reference: Section 21
- Legend: §21 – Filing Date and Day For Taking Action
- USCode Year: 2013
Provision Content
(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, §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.)
Historical and Revision Notes
Based on Title 35, U.S.C., 1946 ed., §21 (Mar. 2, 1927, ch. 273, §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, §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.
U.S. Encyclopedia of Law Coverage
35-U.S.C.-11 in the Legal Encyclopedia: Patents
In this entry about 35-U.S.C.-11, find legal reference material, bibliographies and premiere content related to patents in the American Encyclopedia of Law, presenting a comprehensive view of the United States patents-specific issues, written by authorities in the field.
35-U.S.C.-6 in the Legal Encyclopedia: Trademarks
In this entry about 35-U.S.C.-6, find legal reference material, bibliographies and premiere content related to trademarks in the American Encyclopedia of Law, presenting a comprehensive view of the United States trademarks-specific issues, written by authorities in the field.
35-U.S.C.-9 in the Legal Encyclopedia: Trademark Office
In this entry about 35-U.S.C.-9, find legal reference material, bibliographies and premiere content related to trademark office in the American Encyclopedia of Law, presenting a comprehensive view of the United States trademark office-specific issues, written by authorities in the field.
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