How can I identify if an application is a U.S. National Stage Application?
To identify if an application is a U.S. National Stage Application, look for the following indicators:
- A clear statement in the initial submission that it is made under 35 U.S.C. 371
- Use of Form PTO-1390 for the submission
- An inventor’s oath or declaration referencing the international application number
- A “NOTICE OF ACCEPTANCE OF APPLICATION UNDER 35 U.S.C. 371 AND 37 CFR 1.495” (Form PCT/DO/EO/903) in the file wrapper
- Patent Data Portal records indicating national stage entry
As stated in the MPEP: “If the application is accepted for entry into the national stage, the file wrapper will contain a ‘NOTICE OF ACCEPTANCE OF APPLICATION UNDER 35 U.S.C. 371 AND 37 CFR 1.495’ (Form PCT/DO/EO/903) indicating acceptance of the application as a national stage submission under 35 U.S.C. 371.”
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