What are the requirements for entering the national stage in the United States for an international patent application?
To enter the national stage in the United States, an applicant must fulfill the following requirements within 30 months from the priority date:
- Pay the basic national fee
- Submit a copy of the international application (if not previously communicated by the International Bureau)
- Submit an English translation of the international application (if it was not filed in English)
- Submit the inventor’s oath or declaration
- Pay the search fee and examination fee
- Pay any applicable application size fee
Failure to meet these requirements within the 30-month period may result in abandonment of the application. As stated in MPEP 1893.01(a): “To avoid abandonment of an international application as to the United States, applicant is required to comply with 37 CFR 1.495(b) within 30 months from the priority date.”
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