US Code

Public Law 119-83 (04/13/2026)

35 U.S.C. § 21

Filing date and day for taking action

(a)
The Director may by rule prescribe that any paper or fee required to be filed in the Patent and Trademark Office will be considered filed in the Office on the date on which it was deposited with the United States Postal Service or would have been deposited with the United States Postal Service but for postal service interruptions or emergencies designated by the Director.
(b)
When the day, or the last day, for taking any action or paying any fee in the United States Patent and Trademark Office falls on Saturday, Sunday, or a Federal holiday within the District of Columbia, the action may be taken, or the fee paid, on the next succeeding secular or business day.

July 19, 1952, ch. 950 66 Stat. 794 Pub. L. 93–596, § 188 Stat. 1949 Pub. L. 97–247, § 1296 Stat. 321 Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]113 Stat. 1536 Pub. L. 107–273, div. C, title III, § 13206(b)(1)(B)116 Stat. 1906 (, ; , , ; , , ; , , , 1501A–582; , , .)

Historical and Revision Notes

Mar. 2, 1927, ch. 273, § 14 44 Stat. 1337 Based on Title 35, U.S.C., 1946 ed., § 21 (, ).

“Fixed by statute” is omitted from the corresponding section of the existing statute as unnecessary. Saturday is added as a day on which action need not be taken.

Editorial Notes

Amendments

Pub. L. 107–273Pub. L. 106–1132002—Subsec. (a). made technical correction to directory language of . See 1999 Amendment note below.

Pub. L. 106–113Pub. L. 107–2731999—Subsec. (a). , as amended by , substituted “Director” for “Commissioner” in two places.

Pub. L. 97–2471982— substituted “Filing date and day for taking action” for “Day for taking action falling on Saturday, Sunday, or holiday” as section catchline, added subsec. (a), redesignated existing provisions as subsec. (b) and inserted “Federal” after “Sunday, or a”.

Pub. L. 93–5961975— substituted “Patent and Trademark Office” for “Patent Office”.

Statutory Notes and Related Subsidiaries

Effective Date of 1999 Amendment

Pub. L. 106–113Pub. L. 106–113section 1 of this titleAmendment by effective 4 months after , see section 1000(a)(9) [title IV, § 4731] of , set out as a note under .

Effective Date of 1982 Amendment

Pub. L. 97–247section 17(c) of Pub. L. 97–247section 294 of this titleAmendment by effective six months after , see , set out as an Effective Date note under .

Effective Date of 1975 Amendment

Pub. L. 93–596section 4 of Pub. L. 93–596section 1111 of Title 15Amendment by effective , see , set out as a note under , Commerce and Trade.

Emergency Relief From Postal Situation Affecting Patent Cases

section 111 of this titleRelief as to filing date of patent application or patent and excusal of delayed fees or actions affected by postal situation beginning on , and ending on or about , see note set out under .