United States Patent and Trademark Office OG Notices: 20 January 2004
Closing of the United States Patent and Trademark Office on Friday, December 26, 2003 In view of the official closing of the Federal Government offices in the Washington, D.C. metropolitan area, including the United States Patent and Trademark Office (USPTO), on Friday, December 26, 2003, the United States Patent and Trademark Office will consider Friday, December 26, 2003, a "Federal holiday within the District of Columbia" under 35 U.S.C. Sec. 21 and 37 C.F.R. Secs. 1.6, 1.7, 1.9, 2.2(d), 2.195, and 2.196. Any action or fee due on Friday, December 26, 2003, will be considered as timely for the purposes of, e.g., 35 U.S.C. Secs. 119, 120, 133 and 151, if the action is taken, or the fee is paid, on the next succeeding business day on which the USPTO was open, that is, Monday, December 29, 2003. 37 C.F.R. Secs. 1.6(x)(2) and 2.195(a)(4) provide that correspondence deposited as Express Mail in accordance with 37 C.F.R. Sec. 1.10 or 2.198 will be considered as filed on the date of deposit with the United States Postal Service (USPS). Thus, any paper or fee properly deposited in accordance with 37 C.F.R. Sec. 1.10 or 2.198 with the Express Mail service of the USPS on Friday, December 26, 2003 (that is, as shown by a "date-in" of Friday, December 26, 2003, on the Express Mail mailing label) will be considered filed in the USPTO on its date of deposit in the Express Mail service of the USPS. 37 C.F.R. Sec. 2.195(a2) provides that trademark-related correspondence transmitted electronically to the USPTO will be considered filed in the USPTO on the date the USPTO receives the electronic transmission. Thus, trademark-related correspondence transmitted electronically on Friday, December 26, 2003, will be considered filed in the USPTO on the date the USPTO received the electronic transmission. Correspondence successfully received by the USPTO through the patent Electronic Filing System will receive the date as indicated on the Acknowledgment Receipt. Inquiries concerning this notice may be directed to Fred Silverberg by e-mail at fred.silverberg@uspto.gov or telephone at 703-305-8986. December 22, 2003 JAMES E. ROGAN Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office