Can the filing date of a U.S. national stage application be the international filing date?
Yes, the filing date of a U.S. national stage application can be the international filing date under certain conditions. According to MPEP 1893.03(b):
“An international application designating the United States will have a United States filing date as of the international filing date if the requirements of 35 U.S.C. 371(c) are met within 30 months from the priority date.”
The requirements of 35 U.S.C. 371(c) include:
- The basic national fee
- A copy of the international application (unless already communicated by the International Bureau)
- An English translation of the international application (if necessary)
- An oath or declaration of the inventor
If these requirements are met within the specified timeframe, the U.S. filing date will be the same as the international filing date, providing continuity in the application process.
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