When does the national stage of an international patent application commence?
The national stage of an international patent application commences upon expiration of 30 months from the priority date, unless the applicant makes an express request for early processing. Specifically:
“Subject to 35 U.S.C. 371(f), the national stage shall commence with the expiration of the applicable time limit under PCT Article 22(1) or (2), or under PCT Article 39(1)(a).” (37 CFR 1.491(a))
The 30-month time period cannot be extended. However, an applicant can request early commencement of the national stage under 35 U.S.C. 371(f) if they have complied with the requirements under 35 U.S.C. 371(c).
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