What should you do if the deadline for responding to a patent office action falls on a weekend or a public holiday? Can it be extended? How many days?
First, the calculation method for the response period to a notification: Date of issuance + specified period in the notification + 15 days (mailing period, applicable only to paper submissions).
If the response period (i.e., the expiration date) falls on a weekend or a public holiday, it is extended to the first working day after the weekend or public holiday.
Example: A patent application submitted electronically received the first Office Action Notice from the China National Intellectual Property Administration (CNIPA) on January 20, 2023, with a response period specified as 4 months.
The response deadline for this notice would be June 8, 2024 (4 months from February 8, 2023). However, June 8, 2024, falls on a weekend, followed by the Dragon Boat Festival holiday (Monday). Therefore, the response deadline is extended to the first working day after the holiday, which is June 11, 2024 (Tuesday). As long as the response is submitted successfully by midnight on this day, it will not be considered late.
Although it may seem that the response period is extended by a few days, it is still recommended not to wait until the last minute to prepare the response. If you encounter any special circumstances and fail to submit on time, the patent will be deemed withdrawn. To restore the rights, you will need to file a request within the specified period and pay a restoration fee, resulting in unnecessary economic loss.
2024 China Public Holiday Schedule
- New Year’s Day
- January 1 (Monday)
- Spring Festival (Chinese New Year)
- February 10 (Saturday) to February 16 (Friday)
- Tomb Sweeping Day (Qingming Festival)
- April 4 (Thursday)
- Labor Day
- May 1 (Wednesday)
- Dragon Boat Festival
- June 10 (Monday)
- Mid-Autumn Festival
- September 17 (Tuesday)
- National Day
- October 1 (Tuesday) to October 7 (Monday)
This holiday schedule can help you plan ahead and avoid last-minute submissions.