How does the USPTO determine the date of commencement for national stage entry?

The USPTO determines the date of commencement for national stage entry based on specific criteria outlined in MPEP 1893.01. The section states:

“For purposes of determining the date of commencement, all of the requirements of 35 U.S.C. 371(c)(1), (2), and (4) must have been complied with. Thus, the date of commencement is the international filing date, the date of receipt of the national stage requirements, or the date of filing of the demand, whichever is later.”

This means that the USPTO considers the following factors:

• The international filing date
• The date when national stage requirements are received
• The date of filing a demand for early review (if applicable)

The latest of these dates becomes the official date of commencement for national stage entry.

To learn more:

• PCT
• national stage entry
• commencement date
• USPTO