Can the 30-month deadline for national stage entry be extended?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

No, the 30-month deadline for national stage entry cannot be extended. The MPEP clearly states: “The thirty-month time period set forth in paragraphs (b), (c), (d), (e) and (h) of this section may not be extended.” (37 CFR 1.495(a))

This means that the basic national fee must be paid and the copy of the international application (if required) must be received by the USPTO within 30 months from the priority date. Failure to meet these requirements will result in abandonment of the application.

Tags: Deadlines, national stage entry, PCT, Time Limits