How does national stage entry affect the application of pre-AIA or AIA rules for PCT applications?

The national stage entry of a PCT application does not change its status under pre-AIA or AIA rules. The MPEP clearly states: Similarly, a PCT application filed under 35 U.S.C. 363 before March 16, 2013, is subject to pre-AIA 35 U.S.C. 102 and 103, regardless of whether the application enters the national stage under 35 U.S.C. 371 before or after March 16, 2013.

This means that for PCT applications, the international filing date is the determining factor for whether pre-AIA or AIA rules apply, not the date of national stage entry. This is crucial information for patent attorneys and applicants dealing with international patent applications.

To learn more:

• PCT application
• national stage entry
• pre-AIA
• AIA
• international patent