How is the filing date determined for a national application under 35 U.S.C. 111(a) compared to a national stage application under 35 U.S.C. 371?
The filing date determination differs between these two types of applications:
- For a national application under 35 U.S.C. 111(a): The filing date is generally the date when a specification is received by the USPTO, as per 37 CFR 1.53(b).
- For a national stage application under 35 U.S.C. 371: The filing date is the international filing date of the PCT application.
As stated in MPEP 1896: “By virtue of 35 U.S.C. 363, the U.S. filing date of an international application that designates the United States is, for most legal purposes, the international filing date.”
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