How February Affects USPTO Deadlines

When it comes to filing deadlines at the United States Patent and Trademark Office (USPTO), precision matters. But not all months are created equal. February, with its shorter span of days, can introduce complications if you are not paying close attention to due dates. This article examines how USPTO deadlines interact with the quirks of the calendar and what you need to know to remain in compliance.

The "Corresponding Day" Rule for USPTO Deadlines
If you receive an Office Action from the USPTO, you are typically given a set period—often three or six months—to respond. The response deadline is not calculated as a fixed number of days but instead by months, landing on the same numerical day in the future month as the date the Office Action was issued. This is known as the "corresponding day" rule, codified in the Manual of Patent Examining Procedure (MPEP) §710.01(a) and mirrored in the Trademark Manual of Examining Procedure (TMEP) §310.

For example, if you receive an Office Action dated November 30, the three-month response period would nominally end on February 30. However, because February does not have a 30th day, the deadline falls on the last day of the month—February 28 in a common year, or February 29 in a leap year.

This approach was affirmed in the Ex parte Messick, 62 U.S.P.Q. 73 (Comm’r Pat. 1930) decision, where the Commissioner of Patents rejected the argument that such deadlines should extend to the following month when the "corresponding day" does not exist. Instead, the ruling held that the deadline falls on the last actual day of the month. This remains standard USPTO practice today.

Weekend and Holiday Adjustments
It is also important to understand how weekends and federal holidays affect USPTO deadlines. According to both MPEP §710.05 and TMEP §309.02, if a response deadline falls on a Saturday, Sunday, or federal holiday, the response will still be considered timely if filed on the next business day. This is a key safeguard for applicants, but it applies only to weekends or holidays—not to gaps created by the quirks of the calendar, such as February’s shorter month.

For instance, if February 28—the calculated response deadline—falls on a Sunday, the deadline would move to Monday, March 1. However, if February 28 is a weekday, that remains your deadline, even though the next "30th day" technically falls in March.

Extensions and Calendar Awareness
In certain trademark proceedings, applicants may be able to request extensions of time. However, such extensions must be filed before the original due date expires. The USPTO does not permit retroactive extensions once a deadline has passed. Moreover, if an extension is granted, the added time applies from the original deadline date—not from any adjusted date due to weekends or holidays.

Given these complexities, it is crucial to remain vigilant about USPTO deadlines—especially those falling in February. The shortened month provides less leeway, and misinterpreting the deadline could result in abandonment of your application.

Final Thoughts
Patent and trademark law demand careful attention to procedural details, and USPTO deadlines are no exception. February’s unique calendar structure can introduce avoidable risks for applicants who fail to track response periods accurately. Always confirm the exact due date based on the "corresponding day" rule, and account for any weekends or federal holidays that may adjust the filing window. If your deadline falls in February, remember that the last day of the month—not the first days of March—is typically the final opportunity to respond.

For assistance navigating these or any other intellectual property deadlines, contact Campo Law. Our experienced team ensures that no detail—whether calendrical or legal—is overlooked.