USPTO Closed on June 18 in Observance of Juneteenth National Independence Day

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McDonnell Boehnen Hulbert & Berghoff LLP

This afternoon, President Biden signed S. 475, the "Juneteenth National Independence Day Act," into law.  The Act designates Juneteenth National Independence Day as a Federal holiday.

In a memorandum issued by the U.S. Office of Personal Management shortly after the signing, the OPM noted that when a Federal holiday falls on a non-work day for a full-time Federal employee, an alternative or "in-lieu-of" holiday within the employee's tour of duty is designated based on the rules in 5 U.S.C. § 6103(b) and Executive Order 11582.  Because June 19th falls on a Saturday this year, the "in-lieu-of" holiday for Federal employees with a Monday-through-Friday work schedule will be Friday, June 18.

The U.S. Patent and Trademark Office posted a notice on its website after the President signed the bill into law, stating that:

With the declaration of Juneteenth as a federal holiday, the USPTO will be closed Friday, June 18.  Facilities and call centers will be closed and deadlines falling on the holiday will be extended to the next business day (Monday, June 21).  Unless otherwise noted, online events will proceed as scheduled.

The Office also distributed a USPTO Alert to stakeholders earlier today, noting that:

The United States Patent and Trademark Office will be closed on Friday, June 18, 2021, in observance of Juneteenth National Independence Day.  Pursuant to 35 U.S.C. 21(b), the USPTO will deem actions or fees due on Friday, June 18, to be timely if taken or paid no later than 11:59 p.m. ET on Monday, June 21, i.e., the next business day the USPTO will be open.

As a reminder, the remaining Federal holidays in 2021 -- which will also result in USPTO closures -- include the following:

• Independence Day -- July 4 (for most Federal employees, Monday, July 5, will be treated as a holiday)
• Labor Day -- September 6
• Columbus Day -- October 11
• Veterans Day -- November 11
• Thanksgiving Day – November 25
• Christmas Day -- December 25 (for most Federal employees, Friday, December 24, will be treated as a holiday)

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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