Do the guidelines for other substantive and procedural matters apply to national stage applications under 35 U.S.C. 371?

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.

Yes, the guidelines for other substantive and procedural matters generally apply to national stage applications submitted under 35 U.S.C. 371. This includes guidance on:

• Double patenting rejections (MPEP § 804)
• Election and reply by applicant (MPEP § 818)
• Rejoinder of nonelected inventions (MPEP § 821.04)

MPEP 823 states: “However, the guidance set forth in this chapter with regard to other substantive and procedural matters (e.g., double patenting rejections (MPEP § 804), election and reply by applicant (MPEP § 818), and rejoinder of nonelected inventions (MPEP § 821.04)) generally applies to national stage applications submitted under 35 U.S.C. 371.”