For the second time in a little more than a month, the U.S. Patent and Trademark Office has experienced an unexpected closing.  Last month, the closing resulted from a major power outage at USPTO headquarters in Alexandria, VA that significantly damaged the Office's electronic systems and required the shutdown of its online and IT systems.  During the earlier shutdown, the Office considered each day from December 22-24 to be a "Federal holiday within the District of Columbia" under 35 U.S.C. § 21 and 37 C.F.R. §§ 1.6, 1.7, 1.9, 2.2(d), 2.195, and 2.196 (see "Major Power Outage Causes Shutdown of USPTO Online and IT Systems -- USPTO to Consider December 22-24 to be 'Federal Holidays'").

Following last weekend's winter storm, which dumped nearly 18 inches of snow on Washington, DC, and between 18 and 24 inches (or more) of snow in the immediate D.C. Metro area, Federal agencies in the Washington, DC area, including the USPTO, were closed on Monday, January 25, and Tuesday, January 26.  The USPTO posted notices on the Office's Operating Status webpage that as a result of the official closing of Federal Government offices in the Washington, D.C. metropolitan area on January 25-26, the Office would consider each day a "Federal holiday within the District of Columbia" under 35 U.S.C. § 21 and 37 C.F.R. §§ 1.6, 1.7, 1.9, 2.2(d), 2.195, and 2.196.  As a result, the Office will consider any action or fee due on January 25-26 as timely if the action is taken, or the fee is paid, on the next succeeding business day on which the USPTO is open (see 37 C.F.R. §§ 1.7(a) and 2.196).  According to the Office, actions that are taken or fees that are paid on the next succeeding business day on which the USPTO is open will be considered timely for the purposes of, for example, 15 U.S.C. §§ 1051(b), 1058, 1059, 1062(b), 1063, 1064, and 1126(d), or 35 U.S.C. §§ 119, 120, 133, and 151.

With regard to the Office's operating status on Wednesday, the U.S. Office of Personnel Management (OPM) website has posted a notice that Federal agencies in the Washington, DC area will be open on January 27 -- albeit under three hours delayed arrival status, in which Federal employees should plan to arrive for work no more than three hours later than they would be expected to arrive.  Federal employees will also be given the option for unscheduled leave or unscheduled telework.  For weather-related closings in the Washington, DC area, the USPTO follows OPM guidance.  Patent Docs will provide an update as soon as the USPTO determines its operating status for Wednesday.

According to the WUSA website, Winter Storm Jonas tied for fourth on the Washington, DC list of top 10 snowfalls:

1 - 28.0" (January 27-29, 1922)
2 - 20.0" (February 12-14, 1899)
3 - 18.7" (February 18-19, 1979)
4 - 17.8" (January 22-23, 2016)
4 - 17.8" (February 5-6, 2010)
6 - 17.3" (January 7-9, 1996)
7 - 16.6" (February 10-11, 1983)
8 - 16.4" (December 18-19, 2009)
9 - 16.4" (February 16-18, 2003)
10 - 14.4" (February 15-16, 1958)

Interestingly enough, the February 5-6, 2010 storm, which also dropped 17.8 inches of snow on the city, led to USPTO closings on Monday, February 8 through Thursday, February 11 (see "USPTO Closed on Monday and Tuesday, February 8-9, 2010"; "Patent Office Remains Closed for February 10, 2010"; and "USPTO Remains Closed For February 11, 2010").