What happens if an applicant misses the 30-month deadline for national stage entry?
If an applicant misses the 30-month deadline for national stage entry in the United States, the consequences can be severe. According to MPEP 601.04:
Failure to timely comply with the requirements of 35 U.S.C. 371(c) results in abandonment of the application.
This means that if the applicant fails to submit the required documents and fees within the 30-month period, the application will be considered abandoned. However, the MPEP also provides a potential remedy:
Pursuant to 35 U.S.C. 371(d), the Commissioner may accept the required national stage requirements later than 30 months from the priority date if these requirements are submitted prior to the filing of the Demand for International Preliminary Examination.
It’s crucial to note that this remedy is discretionary and not guaranteed. Applicants should always strive to meet the 30-month deadline to avoid potential loss of rights.
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