How does the USPTO handle the abstract in national stage applications?

The USPTO’s handling of abstracts in national stage applications is as follows:

1. If the international application is published in English, the USPTO will use the abstract as published in the pamphlet for the U.S. national stage application.
2. The requirement in 37 CFR 1.52(b) for the abstract to start on a separate sheet does not apply to the copy of the published international application.
3. Examiners should not require applicants to provide a separate abstract sheet if it doesn’t appear separately in the international publication.

The MPEP states: “Unless the abstract is properly amended under the U.S. rules during national stage processing, the abstract that appears on the cover page of the published international application will be the abstract published by the USPTO under 35 U.S.C. 122(b) and in any U.S. patent issuing from the application.“

To learn more:

• Abstract
• National Stage Application
• PCT Publication
• USPTO Procedure