35 U.S.C. § 371 — National stage: Commencement (MPEP Coverage Index) – BlueIron IP
35 U.S.C. § 371 National stage: Commencement
This page consolidates MPEP guidance interpreting 35 U.S.C. § 371, including 793 rules 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.
Summary
The national stage commencement represents the critical procedural transition where an international patent application enters specific national patent office processing under 35 USC 371.
What this section covers
- Procedural steps for transitioning an international patent application into national patent examination processes.
- Administrative requirements for filing and processing international patent applications in the national stage.
Key obligations
- Submit required documentation and fees for national stage entry within prescribed timeframes.
- Comply with specific national patent office requirements for converting an international application into a national application.
Conditions and exceptions
- Recognize potential variations in national stage entry requirements across different jurisdictions.
Practice notes
- Track international application deadlines carefully to prevent unintentional abandonment during national stage transition.
- Prepare comprehensive documentation meeting both international and specific national patent office standards.
Official MPEP § 371 — National stage: Commencement
Source: USPTOLast Modified: 10/30/2024 08:50:22
35 U.S.C. 371 National stage: Commencement.
- (a) Receipt from the International Bureau of copies of international applications with any amendments to the claims, international search reports, and international preliminary examination reports including any annexes thereto may be required in the case of international applications designating or electing the United States.
- (b) Subject to subsection (f) of this section, the national stage shall commence with the expiration of the applicable time limit under article 22 (1) or (2), or under article 39 (1)(a) of the treaty.
- (c) The applicant shall file in the Patent and Trademark
Office—
- (1) the national fee provided in section 41(a) ;
- (2) a copy of the international application, unless not required under subsection (a) of this section or already communicated by the International Bureau, and a translation into the English language of the international application, if it was filed in another language;
- (3) amendments, if any, to the claims in the international application, made under article 19 of the treaty, unless such amendments have been communicated to the Patent and Trademark Office by the International Bureau, and a translation into the English language if such amendments were made in another language;
- (4) an oath or declaration of the inventor (or other person authorized under chapter 11 ) complying with the requirements of section 115 and with regulations prescribed for oaths or declarations of applicants;
- (5) a translation into the English language of any annexes to the international preliminary examination report, if such annexes were made in another language.
- (d) The requirement with respect to the national fee referred to in subsection (c)(1), the translation referred to in subsection (c)(2), and the oath or declaration referred to in subsection (c)(4) of this section shall be complied with by the date of the commencement of the national stage or by such later time as may be fixed by the Director. The copy of the international application referred to in subsection (c)(2) shall be submitted by the date of the commencement of the national stage. Failure to comply with these requirements shall be regarded as abandonment of the application by the parties thereof. The payment of a surcharge may be required as a condition of accepting the national fee referred to in subsection (c)(1) or the oath or declaration referred to in subsection (c)(4) of this section if these requirements are not met by the date of the commencement of the national stage. The requirements of subsection (c)(3) of this section shall be complied with by the date of the commencement of the national stage, and failure to do so shall be regarded as a cancellation of the amendments to the claims in the international application made under article 19 of the treaty. The requirement of subsection (c)(5) shall be complied with at such time as may be fixed by the Director and failure to do so shall be regarded as cancellation of the amendments made under article 34 (2)(b) of the treaty.
- (e) After an international application has entered the national stage, no patent may be granted or refused thereon before the expiration of the applicable time limit under article 28 or article 41 of the treaty, except with the express consent of the applicant. The applicant may present amendments to the specification, claims, and drawings of the application after the national stage has commenced.
- (f) At the express request of the applicant, the national stage of processing may be commenced at any time at which the application is in order for such purpose and the applicable requirements of subsection (c) of this section have been complied with.
(Added Nov. 14, 1975, Public Law 94-131, sec. 1, 89 Stat. 688; amended Nov. 8, 1984, Public Law 98-622, sec. 402(a)-(d), 403(a), 98 Stat. 3391, 3392; subsections (a), (b), (c), (d), and (e) amended Nov. 6, 1986, Public Law, 99-616, sec. 7, 100 Stat. 3486; subsection (c)(1) amended Dec. 10, 1991, Public Law 102-204, sec. 5(g)(2), 105 Stat. 1641; amended Nov. 29, 1999, Public Law 106-113, sec. 1000(a)(9), 113 Stat. 1501A-582 (S. 1948 sec. 4732(a)(10)(A)); subsection (d) amended Nov. 2, 2002, Public Law 107-273, sec. 13206, 116 Stat. 1905; amended Sept. 16, 2011, Public Law 112-29, secs. 20(i) and (j) (effective Sept. 16, 2012), 125 Stat. 284; subsection (d) amended Dec. 18, 2012, Public Law 112-211, sec. 202(b)(9), 126 Stat. 1536.
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