Patent Law FAQ

For nonprovisional applications entering the national stage from an international application under 35 U.S.C. 371, the benefit claim must be made within the later of:

• Four months from the date on which the national stage commenced under 35 U.S.C. 371(b) or (f)
• Four months from the date of the initial submission under 35 U.S.C. 371 to enter the national stage
• Sixteen months from the filing date of the prior application

The MPEP states: If the application is a nonprovisional application entering the national stage from an international application under 35 U.S.C. 371, the benefit claim must be made within the later of: (1) four months from the date on which the national stage commenced under 35 U.S.C. 371(b) or (f); (2) four months from the date of the initial submission under 35 U.S.C. 371 to enter the national stage; or (3) sixteen months from the filing date of the prior application.

To learn more:

• benefit claim
• time limit
• national stage application
• international application
• 35 U.S.C. 371

To learn more:

• 35 U.S.C. 371

The time limit for filing a benefit claim depends on the type of application:

• For applications filed under 35 U.S.C. 111(a), the reference must be submitted within the later of:
  • Four months from the actual filing date of the application, or
  • Sixteen months from the filing date of the prior application
• For nonprovisional applications entering the national stage from an international application under 35 U.S.C. 371, the reference must be made within the later of:
  • Four months from the date on which the national stage commenced
  • Four months from the date of the initial submission to enter the national stage
  • Sixteen months from the filing date of the prior application

As stated in the MPEP: “If the application is an application filed under 35 U.S.C. 111(a), the reference to the prior application must be submitted during the pendency of the application and within the later of four months from the actual filing date of the application or sixteen months from the filing date of the prior application.”

For more information on 35 U.S.C. 111(a), visit: 35 U.S.C. 111(a).

For more information on 35 U.S.C. 371, visit: 35 U.S.C. 371.

For more information on time limit, visit: time limit.

The time limit for claiming benefit of a prior application depends on the type of application:

• For utility or plant applications filed under 35 U.S.C. 111(a), the benefit claim must be made within the later of:
  • Four months from the actual filing date of the later-filed application, or
  • Sixteen months from the filing date of the prior-filed application
• For nonprovisional applications entering the national stage from an international application under 35 U.S.C. 371, the benefit claim must be made within the later of:
  • Four months from the date on which the national stage commenced
  • Four months from the date of the initial submission to enter the national stage
  • Sixteen months from the filing date of the prior application

As stated in the MPEP: “This time period is not extendable and a failure to submit the reference required by 35 U.S.C. 119(e) and/or 120, where applicable, within this time period is considered a waiver of any benefit of such prior application(s) under 35 U.S.C. 119(e), 120, 121, 365(c), and 386(c) unless a petition to accept an unintentionally delayed benefit claim is granted.”

For more information on 35 U.S.C. 111(a), visit: 35 U.S.C. 111(a).

For more information on 35 U.S.C. 371, visit: 35 U.S.C. 371.

For more information on time limit, visit: time limit.

The deadline for filing a benefit claim depends on the type of application:

• For applications filed under 35 U.S.C. 111(a), the reference must be submitted within the later of:
  • Four months from the actual filing date of the application, or
  • Sixteen months from the filing date of the prior application
• For nonprovisional applications entering the national stage from an international application under 35 U.S.C. 371, the reference must be made within the later of:
  • Four months from the date on which the national stage commenced
  • Four months from the date of the initial submission under 35 U.S.C. 371 to enter the national stage
  • Sixteen months from the filing date of the prior application

As stated in the MPEP: “If the application is an application filed under 35 U.S.C. 111(a), the reference to the prior application must be submitted during the pendency of the application and within the later of four months from the actual filing date of the application or sixteen months from the filing date of the prior application.”

For more information on 35 U.S.C. 111(a), visit: 35 U.S.C. 111(a).

For more information on 35 U.S.C. 371, visit: 35 U.S.C. 371.

For more information on filing deadline, visit: filing deadline.

For more information on national stage application, visit: national stage application.

The benefit claim process for national stage applications entering from an international application under 35 U.S.C. 371 has some specific timing requirements that differ from regular applications filed under 35 U.S.C. 111(a). The MPEP states:

“If the application is a nonprovisional application entering the national stage from an international application under 35 U.S.C. 371, the reference to the prior application must be made during the pendency of the application and within the later of four months from the date on which the national stage commenced under 35 U.S.C. 371(b) or (f), four months from the date of the initial submission under 35 U.S.C. 371 to enter the national stage, or sixteen months from the filing date of the prior application.”

Key differences for national stage applications include:

• The time period for submitting the benefit claim starts from the date the national stage commenced or the date of initial submission to enter the national stage.
• There are three possible deadlines, and the applicant can use the latest of these:
  1. Four months from the date the national stage commenced
  2. Four months from the date of the initial submission to enter the national stage
  3. Sixteen months from the filing date of the prior application

It’s important to carefully track these dates for national stage applications to ensure timely submission of benefit claims.

For more information on 35 U.S.C. 371, visit: 35 U.S.C. 371.

For more information on national stage application, visit: national stage application.

MPEP 201.01 provides a clear definition of a national application in the context of U.S. patent law. According to MPEP 201.01:

‘A national application is one that was filed in the United States Patent and Trademark Office (USPTO) under 35 U.S.C. 111(a), an application which entered the national stage from an international application after compliance with 35 U.S.C. 371, or a reissue application filed under 35 U.S.C. 251.’

This definition encompasses three main categories:

1. Applications filed directly with the USPTO under 35 U.S.C. 111(a)
2. International applications that have entered the national stage in the U.S. after complying with 35 U.S.C. 371
3. Reissue applications filed under 35 U.S.C. 251

Understanding this definition is crucial for patent applicants and practitioners to determine the appropriate filing procedures and requirements for their inventions.

For more information on 35 U.S.C. 111(a), visit: 35 U.S.C. 111(a).

For more information on 35 U.S.C. 371, visit: 35 U.S.C. 371.

For more information on USPTO, visit: USPTO.

According to MPEP 201.01, a PCT (Patent Cooperation Treaty) application can enter the national stage in the United States through the following process:

1. The applicant must comply with the requirements of 35 U.S.C. 371.
2. This typically involves submitting the national fee, a copy of the international application (unless previously communicated by the International Bureau), and a translation into English if the international application was filed in another language.
3. Once these requirements are met, the application is considered a national application under 35 U.S.C. 111(a).

The MPEP states: “An international application enters the national stage when the applicant has fulfilled the requirements of 35 U.S.C. 371.” This process allows inventors to seek patent protection in multiple countries through a single international application.

For more information on 35 U.S.C. 371, visit: 35 U.S.C. 371.

The time periods for filing a priority claim depend on the type of application:

• For original applications filed under 35 U.S.C. 111(a) (other than design applications), the claim must be filed during the pendency of the application and within the later of four months from the actual filing date of the application or sixteen months from the filing date of the prior foreign application. See 37 CFR 1.55(d)(1).
• For applications entering the national stage under 35 U.S.C. 371, the claim must be made within the time limit set in the PCT and Regulations under the PCT. See 37 CFR 1.55(d)(2) and MPEP § 213.06.
• In a design application, a claim for priority may be made at any time during the pendency of the application. See 37 CFR 1.55(g).

MPEP 201.01 provides a clear definition of a national application in the context of U.S. patent law. According to MPEP 201.01:

‘A national application is one that was filed in the United States Patent and Trademark Office (USPTO) under 35 U.S.C. 111(a), an application which entered the national stage from an international application after compliance with 35 U.S.C. 371, or a reissue application filed under 35 U.S.C. 251.’

This definition encompasses three main categories:

1. Applications filed directly with the USPTO under 35 U.S.C. 111(a)
2. International applications that have entered the national stage in the U.S. after complying with 35 U.S.C. 371
3. Reissue applications filed under 35 U.S.C. 251

Understanding this definition is crucial for patent applicants and practitioners to determine the appropriate filing procedures and requirements for their inventions.

For more information on 35 U.S.C. 111(a), visit: 35 U.S.C. 111(a).

For more information on 35 U.S.C. 371, visit: 35 U.S.C. 371.

For more information on USPTO, visit: USPTO.

According to MPEP 201.01, a PCT (Patent Cooperation Treaty) application can enter the national stage in the United States through the following process:

1. The applicant must comply with the requirements of 35 U.S.C. 371.
2. This typically involves submitting the national fee, a copy of the international application (unless previously communicated by the International Bureau), and a translation into English if the international application was filed in another language.
3. Once these requirements are met, the application is considered a national application under 35 U.S.C. 111(a).

The MPEP states: “An international application enters the national stage when the applicant has fulfilled the requirements of 35 U.S.C. 371.” This process allows inventors to seek patent protection in multiple countries through a single international application.

For more information on 35 U.S.C. 371, visit: 35 U.S.C. 371.

The time limit for filing a benefit claim depends on the type of application:

• For applications filed under 35 U.S.C. 111(a), the reference must be submitted within the later of:
  • Four months from the actual filing date of the application, or
  • Sixteen months from the filing date of the prior application
• For nonprovisional applications entering the national stage from an international application under 35 U.S.C. 371, the reference must be made within the later of:
  • Four months from the date on which the national stage commenced
  • Four months from the date of the initial submission to enter the national stage
  • Sixteen months from the filing date of the prior application

As stated in the MPEP: “If the application is an application filed under 35 U.S.C. 111(a), the reference to the prior application must be submitted during the pendency of the application and within the later of four months from the actual filing date of the application or sixteen months from the filing date of the prior application.”

For more information on 35 U.S.C. 111(a), visit: 35 U.S.C. 111(a).

For more information on 35 U.S.C. 371, visit: 35 U.S.C. 371.

For more information on time limit, visit: time limit.

The time limit for claiming benefit of a prior application depends on the type of application:

• For utility or plant applications filed under 35 U.S.C. 111(a), the benefit claim must be made within the later of:
  • Four months from the actual filing date of the later-filed application, or
  • Sixteen months from the filing date of the prior-filed application
• For nonprovisional applications entering the national stage from an international application under 35 U.S.C. 371, the benefit claim must be made within the later of:
  • Four months from the date on which the national stage commenced
  • Four months from the date of the initial submission to enter the national stage
  • Sixteen months from the filing date of the prior application

As stated in the MPEP: “This time period is not extendable and a failure to submit the reference required by 35 U.S.C. 119(e) and/or 120, where applicable, within this time period is considered a waiver of any benefit of such prior application(s) under 35 U.S.C. 119(e), 120, 121, 365(c), and 386(c) unless a petition to accept an unintentionally delayed benefit claim is granted.”

For more information on 35 U.S.C. 111(a), visit: 35 U.S.C. 111(a).

For more information on 35 U.S.C. 371, visit: 35 U.S.C. 371.

For more information on time limit, visit: time limit.

The deadline for filing a benefit claim depends on the type of application:

• For applications filed under 35 U.S.C. 111(a), the reference must be submitted within the later of:
  • Four months from the actual filing date of the application, or
  • Sixteen months from the filing date of the prior application
• For nonprovisional applications entering the national stage from an international application under 35 U.S.C. 371, the reference must be made within the later of:
  • Four months from the date on which the national stage commenced
  • Four months from the date of the initial submission under 35 U.S.C. 371 to enter the national stage
  • Sixteen months from the filing date of the prior application

As stated in the MPEP: “If the application is an application filed under 35 U.S.C. 111(a), the reference to the prior application must be submitted during the pendency of the application and within the later of four months from the actual filing date of the application or sixteen months from the filing date of the prior application.”

For more information on 35 U.S.C. 111(a), visit: 35 U.S.C. 111(a).

For more information on 35 U.S.C. 371, visit: 35 U.S.C. 371.

For more information on filing deadline, visit: filing deadline.

For more information on national stage application, visit: national stage application.

The benefit claim process for national stage applications entering from an international application under 35 U.S.C. 371 has some specific timing requirements that differ from regular applications filed under 35 U.S.C. 111(a). The MPEP states:

“If the application is a nonprovisional application entering the national stage from an international application under 35 U.S.C. 371, the reference to the prior application must be made during the pendency of the application and within the later of four months from the date on which the national stage commenced under 35 U.S.C. 371(b) or (f), four months from the date of the initial submission under 35 U.S.C. 371 to enter the national stage, or sixteen months from the filing date of the prior application.”

Key differences for national stage applications include:

• The time period for submitting the benefit claim starts from the date the national stage commenced or the date of initial submission to enter the national stage.
• There are three possible deadlines, and the applicant can use the latest of these:
  1. Four months from the date the national stage commenced
  2. Four months from the date of the initial submission to enter the national stage
  3. Sixteen months from the filing date of the prior application

It’s important to carefully track these dates for national stage applications to ensure timely submission of benefit claims.

For more information on 35 U.S.C. 371, visit: 35 U.S.C. 371.

For more information on national stage application, visit: national stage application.

The time periods for filing a priority claim depend on the type of application:

• For original applications filed under 35 U.S.C. 111(a) (other than design applications), the claim must be filed during the pendency of the application and within the later of four months from the actual filing date of the application or sixteen months from the filing date of the prior foreign application. See 37 CFR 1.55(d)(1).
• For applications entering the national stage under 35 U.S.C. 371, the claim must be made within the time limit set in the PCT and Regulations under the PCT. See 37 CFR 1.55(d)(2) and MPEP § 213.06.
• In a design application, a claim for priority may be made at any time during the pendency of the application. See 37 CFR 1.55(g).

For nonprovisional applications entering the national stage from an international application under 35 U.S.C. 371, the benefit claim must be made within the later of:

• Four months from the date on which the national stage commenced under 35 U.S.C. 371(b) or (f)
• Four months from the date of the initial submission under 35 U.S.C. 371 to enter the national stage
• Sixteen months from the filing date of the prior application

The MPEP states: If the application is a nonprovisional application entering the national stage from an international application under 35 U.S.C. 371, the benefit claim must be made within the later of: (1) four months from the date on which the national stage commenced under 35 U.S.C. 371(b) or (f); (2) four months from the date of the initial submission under 35 U.S.C. 371 to enter the national stage; or (3) sixteen months from the filing date of the prior application.

To learn more:

• benefit claim
• time limit
• national stage application
• international application
• 35 U.S.C. 371

To learn more:

• 35 U.S.C. 371

The time limit for filing a benefit claim depends on the type of application:

• For applications filed under 35 U.S.C. 111(a), the reference must be submitted within the later of:
  • Four months from the actual filing date of the application, or
  • Sixteen months from the filing date of the prior application
• For nonprovisional applications entering the national stage from an international application under 35 U.S.C. 371, the reference must be made within the later of:
  • Four months from the date on which the national stage commenced
  • Four months from the date of the initial submission to enter the national stage
  • Sixteen months from the filing date of the prior application

As stated in the MPEP: “If the application is an application filed under 35 U.S.C. 111(a), the reference to the prior application must be submitted during the pendency of the application and within the later of four months from the actual filing date of the application or sixteen months from the filing date of the prior application.”

For more information on 35 U.S.C. 111(a), visit: 35 U.S.C. 111(a).

For more information on 35 U.S.C. 371, visit: 35 U.S.C. 371.

For more information on time limit, visit: time limit.

The time limit for claiming benefit of a prior application depends on the type of application:

• For utility or plant applications filed under 35 U.S.C. 111(a), the benefit claim must be made within the later of:
  • Four months from the actual filing date of the later-filed application, or
  • Sixteen months from the filing date of the prior-filed application
• For nonprovisional applications entering the national stage from an international application under 35 U.S.C. 371, the benefit claim must be made within the later of:
  • Four months from the date on which the national stage commenced
  • Four months from the date of the initial submission to enter the national stage
  • Sixteen months from the filing date of the prior application

As stated in the MPEP: “This time period is not extendable and a failure to submit the reference required by 35 U.S.C. 119(e) and/or 120, where applicable, within this time period is considered a waiver of any benefit of such prior application(s) under 35 U.S.C. 119(e), 120, 121, 365(c), and 386(c) unless a petition to accept an unintentionally delayed benefit claim is granted.”

For more information on 35 U.S.C. 111(a), visit: 35 U.S.C. 111(a).

For more information on 35 U.S.C. 371, visit: 35 U.S.C. 371.

For more information on time limit, visit: time limit.

The deadline for filing a benefit claim depends on the type of application:

• For applications filed under 35 U.S.C. 111(a), the reference must be submitted within the later of:
  • Four months from the actual filing date of the application, or
  • Sixteen months from the filing date of the prior application
• For nonprovisional applications entering the national stage from an international application under 35 U.S.C. 371, the reference must be made within the later of:
  • Four months from the date on which the national stage commenced
  • Four months from the date of the initial submission under 35 U.S.C. 371 to enter the national stage
  • Sixteen months from the filing date of the prior application

As stated in the MPEP: “If the application is an application filed under 35 U.S.C. 111(a), the reference to the prior application must be submitted during the pendency of the application and within the later of four months from the actual filing date of the application or sixteen months from the filing date of the prior application.”

For more information on 35 U.S.C. 111(a), visit: 35 U.S.C. 111(a).

For more information on 35 U.S.C. 371, visit: 35 U.S.C. 371.

For more information on filing deadline, visit: filing deadline.

For more information on national stage application, visit: national stage application.

The time periods for filing a priority claim depend on the type of application:

• For original applications filed under 35 U.S.C. 111(a) (other than design applications), the claim must be filed during the pendency of the application and within the later of four months from the actual filing date of the application or sixteen months from the filing date of the prior foreign application. See 37 CFR 1.55(d)(1).
• For applications entering the national stage under 35 U.S.C. 371, the claim must be made within the time limit set in the PCT and Regulations under the PCT. See 37 CFR 1.55(d)(2) and MPEP § 213.06.
• In a design application, a claim for priority may be made at any time during the pendency of the application. See 37 CFR 1.55(g).

The benefit claim process for national stage applications entering from an international application under 35 U.S.C. 371 has some specific timing requirements that differ from regular applications filed under 35 U.S.C. 111(a). The MPEP states:

“If the application is a nonprovisional application entering the national stage from an international application under 35 U.S.C. 371, the reference to the prior application must be made during the pendency of the application and within the later of four months from the date on which the national stage commenced under 35 U.S.C. 371(b) or (f), four months from the date of the initial submission under 35 U.S.C. 371 to enter the national stage, or sixteen months from the filing date of the prior application.”

Key differences for national stage applications include:

• The time period for submitting the benefit claim starts from the date the national stage commenced or the date of initial submission to enter the national stage.
• There are three possible deadlines, and the applicant can use the latest of these:
  1. Four months from the date the national stage commenced
  2. Four months from the date of the initial submission to enter the national stage
  3. Sixteen months from the filing date of the prior application

It’s important to carefully track these dates for national stage applications to ensure timely submission of benefit claims.

For more information on 35 U.S.C. 371, visit: 35 U.S.C. 371.

For more information on national stage application, visit: national stage application.

MPEP 201.01 provides a clear definition of a national application in the context of U.S. patent law. According to MPEP 201.01:

‘A national application is one that was filed in the United States Patent and Trademark Office (USPTO) under 35 U.S.C. 111(a), an application which entered the national stage from an international application after compliance with 35 U.S.C. 371, or a reissue application filed under 35 U.S.C. 251.’

This definition encompasses three main categories:

1. Applications filed directly with the USPTO under 35 U.S.C. 111(a)
2. International applications that have entered the national stage in the U.S. after complying with 35 U.S.C. 371
3. Reissue applications filed under 35 U.S.C. 251

Understanding this definition is crucial for patent applicants and practitioners to determine the appropriate filing procedures and requirements for their inventions.

For more information on 35 U.S.C. 111(a), visit: 35 U.S.C. 111(a).

For more information on 35 U.S.C. 371, visit: 35 U.S.C. 371.

For more information on USPTO, visit: USPTO.

According to MPEP 201.01, a PCT (Patent Cooperation Treaty) application can enter the national stage in the United States through the following process:

1. The applicant must comply with the requirements of 35 U.S.C. 371.
2. This typically involves submitting the national fee, a copy of the international application (unless previously communicated by the International Bureau), and a translation into English if the international application was filed in another language.
3. Once these requirements are met, the application is considered a national application under 35 U.S.C. 111(a).

The MPEP states: “An international application enters the national stage when the applicant has fulfilled the requirements of 35 U.S.C. 371.” This process allows inventors to seek patent protection in multiple countries through a single international application.

For more information on 35 U.S.C. 371, visit: 35 U.S.C. 371.

For nonprovisional applications entering the national stage from an international application under 35 U.S.C. 371, the benefit claim must be made within the later of:

• Four months from the date on which the national stage commenced under 35 U.S.C. 371(b) or (f)
• Four months from the date of the initial submission under 35 U.S.C. 371 to enter the national stage
• Sixteen months from the filing date of the prior application

The MPEP states: If the application is a nonprovisional application entering the national stage from an international application under 35 U.S.C. 371, the benefit claim must be made within the later of: (1) four months from the date on which the national stage commenced under 35 U.S.C. 371(b) or (f); (2) four months from the date of the initial submission under 35 U.S.C. 371 to enter the national stage; or (3) sixteen months from the filing date of the prior application.

To learn more:

• benefit claim
• time limit
• national stage application
• international application
• 35 U.S.C. 371

To learn more:

• 35 U.S.C. 371

The time limit for filing a benefit claim depends on the type of application:

• For applications filed under 35 U.S.C. 111(a), the reference must be submitted within the later of:
  • Four months from the actual filing date of the application, or
  • Sixteen months from the filing date of the prior application
• For nonprovisional applications entering the national stage from an international application under 35 U.S.C. 371, the reference must be made within the later of:
  • Four months from the date on which the national stage commenced
  • Four months from the date of the initial submission to enter the national stage
  • Sixteen months from the filing date of the prior application

As stated in the MPEP: “If the application is an application filed under 35 U.S.C. 111(a), the reference to the prior application must be submitted during the pendency of the application and within the later of four months from the actual filing date of the application or sixteen months from the filing date of the prior application.”

For more information on 35 U.S.C. 111(a), visit: 35 U.S.C. 111(a).

For more information on 35 U.S.C. 371, visit: 35 U.S.C. 371.

For more information on time limit, visit: time limit.

The time limit for claiming benefit of a prior application depends on the type of application:

• For utility or plant applications filed under 35 U.S.C. 111(a), the benefit claim must be made within the later of:
  • Four months from the actual filing date of the later-filed application, or
  • Sixteen months from the filing date of the prior-filed application
• For nonprovisional applications entering the national stage from an international application under 35 U.S.C. 371, the benefit claim must be made within the later of:
  • Four months from the date on which the national stage commenced
  • Four months from the date of the initial submission to enter the national stage
  • Sixteen months from the filing date of the prior application

As stated in the MPEP: “This time period is not extendable and a failure to submit the reference required by 35 U.S.C. 119(e) and/or 120, where applicable, within this time period is considered a waiver of any benefit of such prior application(s) under 35 U.S.C. 119(e), 120, 121, 365(c), and 386(c) unless a petition to accept an unintentionally delayed benefit claim is granted.”

For more information on 35 U.S.C. 111(a), visit: 35 U.S.C. 111(a).

For more information on 35 U.S.C. 371, visit: 35 U.S.C. 371.

For more information on time limit, visit: time limit.

The deadline for filing a benefit claim depends on the type of application:

• For applications filed under 35 U.S.C. 111(a), the reference must be submitted within the later of:
  • Four months from the actual filing date of the application, or
  • Sixteen months from the filing date of the prior application
• For nonprovisional applications entering the national stage from an international application under 35 U.S.C. 371, the reference must be made within the later of:
  • Four months from the date on which the national stage commenced
  • Four months from the date of the initial submission under 35 U.S.C. 371 to enter the national stage
  • Sixteen months from the filing date of the prior application

As stated in the MPEP: “If the application is an application filed under 35 U.S.C. 111(a), the reference to the prior application must be submitted during the pendency of the application and within the later of four months from the actual filing date of the application or sixteen months from the filing date of the prior application.”

For more information on 35 U.S.C. 111(a), visit: 35 U.S.C. 111(a).

For more information on 35 U.S.C. 371, visit: 35 U.S.C. 371.

For more information on filing deadline, visit: filing deadline.

For more information on national stage application, visit: national stage application.

The time periods for filing a priority claim depend on the type of application:

• For original applications filed under 35 U.S.C. 111(a) (other than design applications), the claim must be filed during the pendency of the application and within the later of four months from the actual filing date of the application or sixteen months from the filing date of the prior foreign application. See 37 CFR 1.55(d)(1).
• For applications entering the national stage under 35 U.S.C. 371, the claim must be made within the time limit set in the PCT and Regulations under the PCT. See 37 CFR 1.55(d)(2) and MPEP § 213.06.
• In a design application, a claim for priority may be made at any time during the pendency of the application. See 37 CFR 1.55(g).

The benefit claim process for national stage applications entering from an international application under 35 U.S.C. 371 has some specific timing requirements that differ from regular applications filed under 35 U.S.C. 111(a). The MPEP states:

“If the application is a nonprovisional application entering the national stage from an international application under 35 U.S.C. 371, the reference to the prior application must be made during the pendency of the application and within the later of four months from the date on which the national stage commenced under 35 U.S.C. 371(b) or (f), four months from the date of the initial submission under 35 U.S.C. 371 to enter the national stage, or sixteen months from the filing date of the prior application.”

Key differences for national stage applications include:

• The time period for submitting the benefit claim starts from the date the national stage commenced or the date of initial submission to enter the national stage.
• There are three possible deadlines, and the applicant can use the latest of these:
  1. Four months from the date the national stage commenced
  2. Four months from the date of the initial submission to enter the national stage
  3. Sixteen months from the filing date of the prior application

It’s important to carefully track these dates for national stage applications to ensure timely submission of benefit claims.

For more information on 35 U.S.C. 371, visit: 35 U.S.C. 371.

For more information on national stage application, visit: national stage application.

MPEP 201.01 provides a clear definition of a national application in the context of U.S. patent law. According to MPEP 201.01:

‘A national application is one that was filed in the United States Patent and Trademark Office (USPTO) under 35 U.S.C. 111(a), an application which entered the national stage from an international application after compliance with 35 U.S.C. 371, or a reissue application filed under 35 U.S.C. 251.’

This definition encompasses three main categories:

1. Applications filed directly with the USPTO under 35 U.S.C. 111(a)
2. International applications that have entered the national stage in the U.S. after complying with 35 U.S.C. 371
3. Reissue applications filed under 35 U.S.C. 251

Understanding this definition is crucial for patent applicants and practitioners to determine the appropriate filing procedures and requirements for their inventions.

For more information on 35 U.S.C. 111(a), visit: 35 U.S.C. 111(a).

For more information on 35 U.S.C. 371, visit: 35 U.S.C. 371.

For more information on USPTO, visit: USPTO.

According to MPEP 201.01, a PCT (Patent Cooperation Treaty) application can enter the national stage in the United States through the following process:

1. The applicant must comply with the requirements of 35 U.S.C. 371.
2. This typically involves submitting the national fee, a copy of the international application (unless previously communicated by the International Bureau), and a translation into English if the international application was filed in another language.
3. Once these requirements are met, the application is considered a national application under 35 U.S.C. 111(a).

The MPEP states: “An international application enters the national stage when the applicant has fulfilled the requirements of 35 U.S.C. 371.” This process allows inventors to seek patent protection in multiple countries through a single international application.

For more information on 35 U.S.C. 371, visit: 35 U.S.C. 371.