Tag Archives: Holiday

Thanks To Arqule There Is No Need To Rush To Beat A Weekend/Holiday Three Month Filing Deadline

Although 35 USC § 21(b) provides that a response that falls due on a weekend or Federal holiday is timely when filed on the next business day, we often try to file a response before such a deadline because the USPTO has interpreted the relevant provision of the Patent Term Adjustment (PTA) statute as not … Continue reading this entry

ArQule Challenges Holiday Deduction From Patent Term Adjustment

In an action that has advanced to the summary judgment stage, ArQule, Inc. is challenging the PTO’s practice of charging “applicant delay” when a response is filed on the next business day after a deadline that fell on a Federal holiday. While a decision in ArQule’s favor could impact numerous patents, the single day at … Continue reading this entry