What additional requirements must be met to avoid abandonment after entering the national stage?
After timely meeting the requirements under 37 CFR 1.495(b), applicants must also satisfy additional requirements within a time period set by the USPTO to avoid abandonment. These requirements, as outlined in 37 CFR 1.495(c), include:
- English translation of the international application (if not in English)
- Oath or declaration
- Search fee
- Examination fee
- Application size fee (if applicable)
MPEP 1893.02 states: “If the requirements under 37 CFR 1.495(b) are timely met, but the requirements under 37 CFR 1.495(c) for an English translation of the international application, oath/declaration, search fee, examination fee and application size fee are not met within a time period set in a notice provided by the Office, then the application will become abandoned upon expiration of the time period set in the notice.”
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