How can I identify if an application is a U.S. National Stage Application?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27

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.

To identify if an application is a U.S. National Stage Application, look for the following indicators:

  • A clear statement in the initial submission that it is made under 35 U.S.C. 371
  • Use of Form PTO-1390 for the submission
  • An inventor’s oath or declaration referencing the international application number
  • A “NOTICE OF ACCEPTANCE OF APPLICATION UNDER 35 U.S.C. 371 AND 37 CFR 1.495” (Form PCT/DO/EO/903) in the file wrapper
  • Patent Data Portal records indicating national stage entry

As stated in the MPEP: “If the application is accepted for entry into the national stage, the file wrapper will contain a ‘NOTICE OF ACCEPTANCE OF APPLICATION UNDER 35 U.S.C. 371 AND 37 CFR 1.495’ (Form PCT/DO/EO/903) indicating acceptance of the application as a national stage submission under 35 U.S.C. 371.”

Tags: 35 U.S.C. 371, form pct/do/eo/903, form pto-1390, PCT, u.s. national stage application