By Christopher P. Singer —

The U.S. Patent and Trademark Office announced in a Notice posted on its website today that January 19th (Martin Luther King Day) and January 20th (Inauguration Day) are considered Federal holidays within the District of Columbia, under 35 U.S.C. § 21(b).  Consequently, any action or fee due on either day will be considered timely if the action is taken or the fee is paid on Wednesday, January 21, 2009, which is the next business day.  The Office's Notice also states that any correspondence (e.g., papers or fees) deposited with the Express Mail Service of the United States Postal Service (USPS) on the 19th or the 20th will be considered to be filed on the date of deposit (as shown by the "date-in" on the Express Mail mailing label) with the USPS.  Similarly, while the Electronic Business Center will be closed on those days, the Notice states that EFS-Web will be available for receiving transmissions on both days, and that electronically transmitted correspondence (if complete) will receive a date of submission as indicated on the EFS-Web Acknowledgment Receipt.