It will be recalled that USPTO had a massive systems crash on December 22, 2015 which shut down every one of USPTO’s external-facing e-commerce systems, including the EFS-Web system for filing of patent applications and the TEAS system for filing of trademark applications.
On December 23, 2015 USPTO purported to “deem” December 22 and 23 to be holidays. The next day, I pointed out (see blog article) that USPTO probably lacked the power to do this. I said that the USPTO needed to head over to Capitol Hill to get a special bill passed which would cause December 22 and 23, 2015 to be real holidays (for purposes of the USPTO).
It was, of course, only a matter of time before the USPTO’s power to “deem” a day to be a federal holiday in the District of Columbia would be tested in litigation. And now that day has come. Continue reading “USPTO failed to go to Capitol Hill about the massive system crash”