37 CFR § 1.491 — National stage commencement, entry, and (MPEP Coverage Index) – BlueIron IP

This page consolidates MPEP guidance interpreting 37 CFR § 1.491, including 51 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, entry, and is the process by which a PCT application enters the national stage upon expiration of the 32-month period from PCT filing.

What this section covers

Outlines the timing for commencing the national stage of a PCT application.

Key obligations

States that the national stage commences upon expiration of the 32-month period from PCT filing.
Describes the requirements and procedures for entering the national stage of a PCT application.

Practice notes

Advises practitioners to ensure all required documents are included in the national stage filing.
Warns against missing the deadline for requesting national stage entry, as it may result in abandonment of the application.

Requirement for National Stage Commencement Under AIA Effective DatesMPEP 1893.01Required
National Stage Commences After PCT Time LimitsMPEP 1893.01Required
Documents and Fees for National Stage Entry RequiredMPEP 1893.01Required
National Stage Commencement Requirement for International ApplicationsMPEP 1893.01Required
Requirement for National Stage Commencement Under PCT Article 22(1) or (2)MPEP 1893.01Required
National Stage Commences After PCT Time LimitsMPEP 1893.01Required
Documents and Fees for National Stage Entry Required Within Time LimitMPEP 1893.01Required
Entry into National Phase Upon Completion of Required ActsMPEP 1893.01
Requirement for Filing Documents and Fees by DeadlineMPEP 1893.01Required
Oath or Declaration Not Needed for National Entry After September 16, 2012MPEP 1893.01Required
Claim to Invention with Effective Date on or After March 16, 2013 Must Be DisclosedMPEP 210Required
Statement Required for Later-Filed ApplicationMPEP 210Required
Nonprovisional International Design Applications Excluded from Transition ProvisionsMPEP 210
Requirement for Certain Applications Filed After March 16, 2013MPEP 213
Requirement for Priority Statement After March 16, 2013MPEP 213Required
No Claim to Post-2013 InventionMPEP 213Required
Processing Fee Required for Late AmendmentsMPEP 2146.02Required
Amendment Must Be Filed Before First Office Action on MeritsMPEP 2146.02
Request for Copy of Foreign Application from Participating Office RequiredMPEP 215.02(a)Required
Request for Copy of Foreign Application Must Be Filed Within TimelinesMPEP 215.02(a)Required
Request for Electronic Priority Application RetrievalMPEP 215.02(a)Permitted
Requirement for Interim Foreign Application CopyMPEP 215.02(b)Prohibited
Requirement for Interim Foreign Application CopyMPEP 215.02(b)
Requirement for Interim Foreign Application CopyMPEP 215.02(b)Required
Interim Copy of Foreign Application Must Be Filed Within Time LimitsMPEP 215.02(b)Required
Amendment to U.S. Application OnlyMPEP 217Required
Incorporation by Reference Cannot Alter International Filing DateMPEP 217Prohibited
Omitted Portion of Specification Not Allowed Before National StageMPEP 217
Application Data Sheet Required for FilingMPEP 2732Required
Sequence Listing Requirement for FilingMPEP 2732Required
Requirement for Certain Applications Filed After March 16, 2013MPEP 2920.05(d)
Requirement for Priority Claim Statement After March 16, 2013MPEP 2920.05(d)Required
Requirement for Nonprovisional Application Without Post-2013 ClaimsMPEP 2920.05(d)Required
Processing Fee Required for Late AmendmentsMPEP 717.02(a)Required
Processing Fee Required for Late AmendmentsMPEP 717.02(b)Required

Requirement for National Stage Commencement Under AIA Effective DatesMPEP 1893.01Required
National Stage Commences After PCT Time LimitsMPEP 1893.01Required
Documents and Fees for National Stage Entry RequiredMPEP 1893.01Required
National Stage Commencement Requirement for International ApplicationsMPEP 1893.01Required
Requirement for National Stage Commencement Under PCT Article 22(1) or (2)MPEP 1893.01Required
National Stage Commences After PCT Time LimitsMPEP 1893.01Required
Documents and Fees for National Stage Entry Required Within Time LimitMPEP 1893.01Required
Requirement for Filing Documents and Fees by DeadlineMPEP 1893.01Required
Oath or Declaration Not Needed for National Entry After September 16, 2012MPEP 1893.01Required
Translation Required After 30 MonthsMPEP 1893.01(d)Required
Certified Priority Document Must Be Provided During National StageMPEP 1893.03(c)Required
Certified Copy of Priority Document Required for U.S. National Stage ApplicationsMPEP 1893.03(c)Required
Claim to Invention with Effective Date on or After March 16, 2013 Must Be DisclosedMPEP 210Required
Statement Required for Later-Filed ApplicationMPEP 210Required
Requirement for Priority Statement After March 16, 2013MPEP 213Required
No Claim to Post-2013 InventionMPEP 213Required
Processing Fee Required for Late AmendmentsMPEP 2146.02Required
Request for Copy of Foreign Application from Participating Office RequiredMPEP 215.02(a)Required
Request for Copy of Foreign Application Must Be Filed Within TimelinesMPEP 215.02(a)Required
Requirement for Interim Foreign Application CopyMPEP 215.02(b)Required
Interim Copy of Foreign Application Must Be Filed Within Time LimitsMPEP 215.02(b)Required
Amendment to U.S. Application OnlyMPEP 217Required
Application Data Sheet Required for FilingMPEP 2732Required
Sequence Listing Requirement for FilingMPEP 2732Required
Requirement for Priority Claim Statement After March 16, 2013MPEP 2920.05(d)Required
Requirement for Nonprovisional Application Without Post-2013 ClaimsMPEP 2920.05(d)Required
Processing Fee Required for Late AmendmentsMPEP 717.02(a)Required
Processing Fee Required for Late AmendmentsMPEP 717.02(b)Required

National Stage Commences Upon Expiration of PCT Time LimitsMPEP 1893.01
National Stage Commences After 30 Months From Priority DateMPEP 1893.01
Request for Early Processing Required for Earlier National Stage CommencementMPEP 1893.01Permitted
Amendments Not for TranslationMPEP 1893.01(d)Prohibited
Amendments for National Stage Must Follow 37 CFR 1.121MPEP 1893.01(d)Permitted
Amendments Must Be Filed Within 3 Months of National EntryMPEP 1893.01(d)Recommended
Missing Translation Requires NotificationMPEP 1893.01(d)
Translation Requirement for National Stage EntryMPEP 1893.01(d)
Extension for Translation Allowed Up to Five MonthsMPEP 1893.01(d)Permitted
Filing Requirements for Certified Priority DocumentMPEP 1893.03(c)Permitted
Certified Priority Document Must Be Timely SubmittedMPEP 1893.03(c)Prohibited
Priority Document Requirement Not MetMPEP 1893.03(c)
Consult QA Specialist for Missing Certified Priority DocumentMPEP 1893.03(c)Recommended

MPEP Section	Rules
MPEP § 1893.01	Requirement for National Stage Commencement Under AIA Effective DatesMPEP 1893.01Required National Stage Commences After PCT Time LimitsMPEP 1893.01Required Documents and Fees for National Stage Entry RequiredMPEP 1893.01Required National Stage Commencement Requirement for International ApplicationsMPEP 1893.01Required Requirement for National Stage Commencement Under PCT Article 22(1) or (2)MPEP 1893.01Required National Stage Commences After PCT Time LimitsMPEP 1893.01Required Documents and Fees for National Stage Entry Required Within Time LimitMPEP 1893.01Required National Stage Commences Upon Expiration of PCT Time LimitsMPEP 1893.01 National Stage Commences After 30 Months From Priority DateMPEP 1893.01 Request for Early Processing Required for Earlier National Stage CommencementMPEP 1893.01Permitted Entry into National Phase Upon Completion of Required ActsMPEP 1893.01 Requirement for Filing Documents and Fees by DeadlineMPEP 1893.01Required Oath or Declaration Not Needed for National Entry After September 16, 2012MPEP 1893.01Required
MPEP § 1893.01(d)	Amendments Not for TranslationMPEP 1893.01(d)Prohibited Amendments for National Stage Must Follow 37 CFR 1.121MPEP 1893.01(d)Permitted Amendments Must Be Filed Within 3 Months of National EntryMPEP 1893.01(d)Recommended Missing Translation Requires NotificationMPEP 1893.01(d) Translation Requirement for National Stage EntryMPEP 1893.01(d) Extension for Translation Allowed Up to Five MonthsMPEP 1893.01(d)Permitted Translation Required After 30 MonthsMPEP 1893.01(d)Required
MPEP § 1893.03(c)	Certified Priority Document Must Be Provided During National StageMPEP 1893.03(c)Required Certified Copy of Priority Document Required for U.S. National Stage ApplicationsMPEP 1893.03(c)Required Filing Requirements for Certified Priority DocumentMPEP 1893.03(c)Permitted Certified Priority Document Must Be Timely SubmittedMPEP 1893.03(c)Prohibited Priority Document Requirement Not MetMPEP 1893.03(c) Consult QA Specialist for Missing Certified Priority DocumentMPEP 1893.03(c)Recommended
MPEP § 210	Claim to Invention with Effective Date on or After March 16, 2013 Must Be DisclosedMPEP 210Required Statement Required for Later-Filed ApplicationMPEP 210Required Nonprovisional International Design Applications Excluded from Transition ProvisionsMPEP 210
MPEP § 213	Requirement for Certain Applications Filed After March 16, 2013MPEP 213 Requirement for Priority Statement After March 16, 2013MPEP 213Required No Claim to Post-2013 InventionMPEP 213Required
MPEP § 2146.02	Processing Fee Required for Late AmendmentsMPEP 2146.02Required Amendment Must Be Filed Before First Office Action on MeritsMPEP 2146.02
MPEP § 215.02(a)	Request for Copy of Foreign Application from Participating Office RequiredMPEP 215.02(a)Required Request for Copy of Foreign Application Must Be Filed Within TimelinesMPEP 215.02(a)Required Request for Electronic Priority Application RetrievalMPEP 215.02(a)Permitted
MPEP § 215.02(b)	Requirement for Interim Foreign Application CopyMPEP 215.02(b)Prohibited Requirement for Interim Foreign Application CopyMPEP 215.02(b) Requirement for Interim Foreign Application CopyMPEP 215.02(b)Required Interim Copy of Foreign Application Must Be Filed Within Time LimitsMPEP 215.02(b)Required
MPEP § 217	Amendment to U.S. Application OnlyMPEP 217Required Incorporation by Reference Cannot Alter International Filing DateMPEP 217Prohibited Omitted Portion of Specification Not Allowed Before National StageMPEP 217
MPEP § 2732	Application Data Sheet Required for FilingMPEP 2732Required Sequence Listing Requirement for FilingMPEP 2732Required
MPEP § 2920.05(d)	Requirement for Certain Applications Filed After March 16, 2013MPEP 2920.05(d) Requirement for Priority Claim Statement After March 16, 2013MPEP 2920.05(d)Required Requirement for Nonprovisional Application Without Post-2013 ClaimsMPEP 2920.05(d)Required
MPEP § 717.02(a)	Processing Fee Required for Late AmendmentsMPEP 717.02(a)Required
MPEP § 717.02(b)	Processing Fee Required for Late AmendmentsMPEP 717.02(b)Required

Related Provisions

Based on MPEP Last Modified: 10/30/2024 08:50:22

37 CFR § 1.491 — National stage commencement, entry, and (MPEP Coverage Index) – BlueIron IP

37 CFR § 1.491 National stage commencement, entry, and

Summary

Official MPEP § 1.491 — National stage commencement, entry, and

1.491 National stage commencement, entry, and fulfillment.

Verbatim in MPEP

Required Actions

Key Interpretations

Topics

MPEP Coverage

Related Provisions