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PTAB Applies Statutory Grace Period to Filing of Continuing Applications, PTAB Litigation Blog

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The PTAB has previously applied to IPR filings the statutory grace period under 35 U.S.C. § 21(b) for USPTO papers and fees due on a weekend or holiday. See Samsung Elecs. Co. v. Immersion Corp., Case IPR2018-01468, slip op. at 13-19 (PTAB Feb. 20, 2019) (Paper 10) (grace period extended the one-year deadline for filing IPR petitions under 35 U.S.C. § 315(b), which fell on a weekend, to the next business day); Samsung Elecs. Co. v. ELM 3DS Innovations, LLC, Case IPR2016-00393, slip op. at 4-5 (PTAB June 30, 2016) (Paper 11) (applying grace period to IPR petition-filing deadline that occurred during USPTO system shutdown, which was considered by the USPTO to be Federal holiday).

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