What happens if I miss the 30-month deadline for national stage entry?

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.

If you miss the 30-month deadline for national stage entry, your international application will be considered abandoned as to the United States. The MPEP states:

“An international application becomes abandoned as to the United States thirty months from the priority date if the requirements of paragraph (b) of this section have not been complied with within thirty months from the priority date.” (37 CFR 1.495(h))

This means that if you fail to pay the basic national fee and ensure that a copy of the international application has been received by the USPTO within the 30-month period, you will lose the opportunity to pursue patent protection in the United States through that PCT application.