How does a PCT application enter the national stage in the United States?

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.

According to MPEP 201.01, a PCT (Patent Cooperation Treaty) application can enter the national stage in the United States through the following process:

1. The applicant must comply with the requirements of 35 U.S.C. 371.
2. This typically involves submitting the national fee, a copy of the international application (unless previously communicated by the International Bureau), and a translation into English if the international application was filed in another language.
3. Once these requirements are met, the application is considered a national application under 35 U.S.C. 111(a).

The MPEP states: “An international application enters the national stage when the applicant has fulfilled the requirements of 35 U.S.C. 371.” This process allows inventors to seek patent protection in multiple countries through a single international application.

For more information on 35 U.S.C. 371, visit: 35 U.S.C. 371.