What are the basic requirements to enter the national stage in the United States for a PCT 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 enter the national stage in the United States for a PCT application, an applicant must fulfill the following basic requirements within 30 months from the priority date:

  • Pay the basic national fee (see 37 CFR 1.492(a))
  • Ensure a copy of the international application has been received by the U.S. Designated or Elected Office (unless it was originally filed with the USPTO)

As stated in 37 CFR 1.495(b): “To avoid abandonment of the application, the applicant shall furnish to the United States Patent and Trademark Office not later than the expiration of thirty months from the priority date: (1) A copy of the international application, unless it has been previously communicated by the International Bureau or unless it was originally filed in the United States Patent and Trademark Office; and (2) The basic national fee (see § 1.492(a)).”

Tags: Basic National Fee, international application, national stage entry, PCT