What are the basic requirements for entering the national stage in the United States?
To enter the national stage in the United States, an applicant must fulfill the following basic requirements within 30 months from the priority date:
- Pay the basic national fee (37 CFR 1.492(a))
- Submit a copy of the international application (unless previously communicated by the International Bureau or originally filed in the USPTO)
As stated in 37 CFR 1.495(b):
“To avoid abandonment of the application, the applicant shall furnish to the United States Patent and Trademark Office not later than the expiration of thirty months from the priority date: (1) A copy of the international application, unless it has been previously communicated by the International Bureau or unless it was originally filed in the United States Patent and Trademark Office; and (2) The basic national fee (see § 1.492(a)).”
Failure to comply with these requirements within the 30-month period will result in abandonment of the application. This time period is not extendable.
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