37 CFR § 1.492 — National stage fees. (MPEP Coverage Index) – BlueIron IP

This page consolidates MPEP guidance interpreting 37 CFR § 1.492, including 64 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

37 CFR 1.492 details the mandatory filing fees for international patent applications transitioning into the United States national patent prosecution stage under 35 U.S.C. 371.

What this section covers

Specifies the fees required for international applications entering the US national stage under Patent Cooperation Treaty (PCT) procedures.
Defines financial requirements for Patent Cooperation Treaty (PCT) applications seeking US patent protection.

Key obligations

Applicants must submit the prescribed national stage filing fees when entering the US patent examination process.
Ensure compliance with the specific fee requirements outlined in 37 CFR 1.492.

Practice notes

Carefully review the current fee schedule to ensure accurate payment when transitioning an international application to the national stage.
Consult MPEP § 1893.01(c) for additional guidance on national stage entry requirements and associated fees.

Basic National Fee Must Be Paid Within 30 Months of Priority DateMPEP 509Required
Late Payment of Basic Filing Fee Requires SurchargeMPEP 509Permitted
Payment Must First Cover Basic National FeeMPEP 509
Basic National Fee Not ExtensibleMPEP 509
Application Size Fee Based on Published International ApplicationMPEP 1893.01(c)
Specification and Drawings Determine Application Size FeeMPEP 1893.01(c)
Application Size Fee Based on Published SheetsMPEP 1893.01(c)
Specification and Drawings Determine Application Size FeeMPEP 1893.01(c)
Article 34 Amendments Not Considered in Fee CalculationMPEP 1893.01(c)
Translation After Thirty Months Requires FeeMPEP 1893.01(c)Required
Surcharge for Late English TranslationMPEP 1893.01(c)
Notification of Missing Inventor’s Oath or Application Data Sheet RequiredMPEP 1893.01(e)Required
Application Data Sheet Required for FilingMPEP 1893.01(e)Required
Oath or Declaration Required for Pre-2012 PCT National StageMPEP 1893.01(e)Required
Notification of Missing Requirements for Oath or DeclarationMPEP 1893.01(e)Required
Oath or Declaration Required for National Stage EntryMPEP 1893.01(e)Required
Search and Examination Fees Must Be Paid for National Stage ApplicationsMPEP 1893.03
Amendments to National Stage Applications After CommencementMPEP 1893.03Permitted
Application Data Sheet Required for FilingMPEP 2732Required
Sequence Listing Requirement for FilingMPEP 2732Required
Required Fees for National EntryMPEP 509Required
Authorization to Charge National Stage Fees Treated as Filing Fee AuthorizationMPEP 509.01
Authorization to Charge Fees for National StageMPEP 509.01
Payment of Exact Filing Fee Establishes Small Entity StatusMPEP 509.03
Payment of Small Entity Fees Establishes StatusMPEP 509.03
Payment of Exact Small Entity Fee Establishes StatusMPEP 509.03
Assertion Required for Small Entity Status After Incorrect Fee PaymentMPEP 509.03
Small Entity Fee Requires Written AssertionMPEP 509.03

Basic National Fee Must Be Paid Within 30 Months of Priority DateMPEP 509Required
Fees Required for International Design ApplicationsMPEP 607Required
Requirement for Oath or Declaration Before National StageMPEP 1893.01(a)(1)Required
Translation and Surcharge Fees After CommencementMPEP 1893.01(a)(1)Required
Translation of Foreign Language Annexes Required Within 30 MonthsMPEP 1893.01(a)(3)Required
Preliminary Amendment Reduces Claim FeesMPEP 1893.01(c)Required
Translation After Thirty Months Requires FeeMPEP 1893.01(c)Required
Translation Required After 30 MonthsMPEP 1893.01(d)Required
Inventor’s Oath Must Be Filed Before RCEMPEP 1893.01(e)Required
Notification of Missing Inventor’s Oath or Application Data Sheet RequiredMPEP 1893.01(e)Required
Application Data Sheet Required for FilingMPEP 1893.01(e)Required
Oath or Declaration Required for Pre-2012 PCT National StageMPEP 1893.01(e)Required
Notification of Missing Requirements for Oath or DeclarationMPEP 1893.01(e)Required
Oath or Declaration Required for National Stage EntryMPEP 1893.01(e)Required
ASCII Plain Text File Serves as Sequence Listing and CRFMPEP 2429Required
Sequence Listing Excluded from Fee CalculationMPEP 2429Required
Application Data Sheet Required for FilingMPEP 2732Required
Sequence Listing Requirement for FilingMPEP 2732Required
Required Fees for National EntryMPEP 509Required
Fees Required for National EntryMPEP 607Required

Fees for National Applications Not InternationalMPEP 1893.01(c)
2 Month Response Period for National Stage EntryMPEP 1893.01(a)(1)
Extension for Filing Missing Requirements After 32 MonthsMPEP 1893.01(a)(1)Permitted
Failure to Timely Reply Results in AbandonmentMPEP 1893.01(a)(1)
Oath or Declaration Required Before National EntryMPEP 1893.01(a)(1)
Article 34 Amendments Must Be Annexed to IPERMPEP 1893.01(a)(3)
Amendments Filed with International Preliminary Examining Authority Must Be EnteredMPEP 1893.01(a)(3)
English Annexes Automatically Entered into U.S. National StageMPEP 1893.01(a)(3)
Entry of Article 34 Amendments May Be RestrictedMPEP 1893.01(a)(3)Permitted
Timely Translation Required for AnnexesMPEP 1893.01(a)(3)
Article 34 Amendments Not Considered in U.S. National StageMPEP 1893.01(a)(3)Permitted
Authorization to Charge Fees TransfersMPEP 1893.01(c)
Authorization to Charge Fees Under 37 CFR 1.16 Treated as 37 CFR 1.492MPEP 1893.01(c)
Amendments Not Entitled to RefundMPEP 1893.01(c)
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
Application Data Sheet Required for Postponed Oath/DeclarationMPEP 1893.01(e)Permitted
Surcharge Fee Must Be Paid Regardless of Oath PostponementMPEP 1893.01(e)
Oath or Declaration Required for Early National Stage EntryMPEP 1893.01(e)Prohibited
Reduced Fees for PCT-Satisfying Applications in National StageMPEP 1893.03Permitted
Paper Size Requirement for Application Size FeeMPEP 502.05
Paper Size Equivalency Does Not Apply to National Stage FeesMPEP 502.05

MPEP Section	Rules
MPEP § 1893.01(a)(1)	Requirement for Oath or Declaration Before National StageMPEP 1893.01(a)(1)Required 2 Month Response Period for National Stage EntryMPEP 1893.01(a)(1) Extension for Filing Missing Requirements After 32 MonthsMPEP 1893.01(a)(1)Permitted Failure to Timely Reply Results in AbandonmentMPEP 1893.01(a)(1) Translation and Surcharge Fees After CommencementMPEP 1893.01(a)(1)Required Oath or Declaration Required Before National EntryMPEP 1893.01(a)(1)
MPEP § 1893.01(a)(3)	Article 34 Amendments Must Be Annexed to IPERMPEP 1893.01(a)(3) Amendments Filed with International Preliminary Examining Authority Must Be EnteredMPEP 1893.01(a)(3) English Annexes Automatically Entered into U.S. National StageMPEP 1893.01(a)(3) Entry of Article 34 Amendments May Be RestrictedMPEP 1893.01(a)(3)Permitted Translation of Foreign Language Annexes Required Within 30 MonthsMPEP 1893.01(a)(3)Required Timely Translation Required for AnnexesMPEP 1893.01(a)(3) Article 34 Amendments Not Considered in U.S. National StageMPEP 1893.01(a)(3)Permitted
MPEP § 1893.01(c)	Fees for National Applications Not InternationalMPEP 1893.01(c) Authorization to Charge Fees TransfersMPEP 1893.01(c) Authorization to Charge Fees Under 37 CFR 1.16 Treated as 37 CFR 1.492MPEP 1893.01(c) Preliminary Amendment Reduces Claim FeesMPEP 1893.01(c)Required Amendments Not Entitled to RefundMPEP 1893.01(c) Application Size Fee Based on Published International ApplicationMPEP 1893.01(c) Specification and Drawings Determine Application Size FeeMPEP 1893.01(c) Application Size Fee Based on Published SheetsMPEP 1893.01(c) Specification and Drawings Determine Application Size FeeMPEP 1893.01(c) Article 34 Amendments Not Considered in Fee CalculationMPEP 1893.01(c) Translation After Thirty Months Requires FeeMPEP 1893.01(c)Required Surcharge for Late English TranslationMPEP 1893.01(c)
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 § 1893.01(e)	Application Data Sheet Required for Postponed Oath/DeclarationMPEP 1893.01(e)Permitted Surcharge Fee Must Be Paid Regardless of Oath PostponementMPEP 1893.01(e) Inventor’s Oath Must Be Filed Before RCEMPEP 1893.01(e)Required Oath or Declaration Required for Early National Stage EntryMPEP 1893.01(e)Prohibited Notification of Missing Inventor’s Oath or Application Data Sheet RequiredMPEP 1893.01(e)Required Application Data Sheet Required for FilingMPEP 1893.01(e)Required Oath or Declaration Required for Pre-2012 PCT National StageMPEP 1893.01(e)Required Notification of Missing Requirements for Oath or DeclarationMPEP 1893.01(e)Required Oath or Declaration Required for National Stage EntryMPEP 1893.01(e)Required
MPEP § 1893.03	Search and Examination Fees Must Be Paid for National Stage ApplicationsMPEP 1893.03 Amendments to National Stage Applications After CommencementMPEP 1893.03Permitted Reduced Fees for PCT-Satisfying Applications in National StageMPEP 1893.03Permitted
MPEP § 2429	ASCII Plain Text File Serves as Sequence Listing and CRFMPEP 2429Required Sequence Listing Excluded from Fee CalculationMPEP 2429Required
MPEP § 2732	Application Data Sheet Required for FilingMPEP 2732Required Sequence Listing Requirement for FilingMPEP 2732Required
MPEP § 502.05	Paper Size Requirement for Application Size FeeMPEP 502.05 Paper Size Equivalency Does Not Apply to National Stage FeesMPEP 502.05
MPEP § 509	Basic National Fee Must Be Paid Within 30 Months of Priority DateMPEP 509Required Late Payment of Basic Filing Fee Requires SurchargeMPEP 509Permitted Payment Must First Cover Basic National FeeMPEP 509 Basic National Fee Not ExtensibleMPEP 509 Required Fees for National EntryMPEP 509Required
MPEP § 509.01	Authorization to Charge National Stage Fees Treated as Filing Fee AuthorizationMPEP 509.01 Authorization to Charge Fees for National StageMPEP 509.01
MPEP § 509.03	Payment of Exact Filing Fee Establishes Small Entity StatusMPEP 509.03 Payment of Small Entity Fees Establishes StatusMPEP 509.03 Payment of Exact Small Entity Fee Establishes StatusMPEP 509.03 Assertion Required for Small Entity Status After Incorrect Fee PaymentMPEP 509.03 Small Entity Fee Requires Written AssertionMPEP 509.03
MPEP § 607	Fees Required for International Design ApplicationsMPEP 607Required Fees Required for National EntryMPEP 607Required

Related Provisions

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

37 CFR § 1.492 — National stage fees. (MPEP Coverage Index) – BlueIron IP

37 CFR § 1.492 National stage fees.

Summary

Official MPEP § 1.492 — National stage fees.

1.492 National stage fees.

Verbatim in MPEP

Required Actions

Key Interpretations

Topics

MPEP Coverage

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