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Tag Archives: Weekend

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

Posted by Courtenay Brinckerhoff on Posted in District Court Decisions; Patent Term Adjustment

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 being subject to that grace provision. That practice can come to an end for three month response deadlines, because the District Court for the District of Columbia has determined that the USPTO’s interpretation is not correct, and the USPTO did not appeal that decision.Continue reading this entry

ArQule Challenges Holiday Deduction From Patent Term Adjustment

Posted by Courtenay Brinckerhoff on Posted in 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 issue is not likely to spawn an onslaught of litigation.

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