What happens if the basic national fee is not paid when entering the national stage?
If the basic national fee is not paid when entering the national stage, it can affect the commencement of the national stage application. According to MPEP 1893.01:
“If the basic national fee is not paid during the international stage, the basic national fee must be paid within the time limit set in 37 CFR 1.495(c).”
Failure to pay the basic national fee within the specified time limit can result in the application being considered abandoned. However, the USPTO provides a safeguard:
“If the basic national fee was not paid during the international stage, but the required oath or declaration and the basic national fee are received within the time limit set in 37 CFR 1.495(c), the Office will send applicant a notice of acceptance and a filing receipt, and the filing receipt will reflect the “371(c)” date as the date of entry into the national stage.”
It’s crucial for applicants to ensure timely payment of the basic national fee to avoid potential abandonment of their application.
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