How does the entry into the national stage affect the applicable patent laws for PCT applications?
The entry into the national stage does not change the applicable patent laws for PCT applications. According to MPEP 2159.01: “Similarly, a PCT application filed under 35 U.S.C. 363 before March 16, 2013, is subject to pre-AIA 35 U.S.C. 102 and 103, regardless of whether the application enters the national stage under 35 U.S.C. 371…
Read MoreWhen 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…
Read MoreHow does the USPTO handle the receipt of international preliminary examination reports?
According to MPEP 1881, the USPTO handles the receipt of international preliminary examination reports as follows: “The international preliminary examination report received by the USPTO will also be included in the national stage file.“ This means that when an application enters the national stage at the USPTO, the international preliminary examination report becomes part of…
Read MoreHow does the USPTO determine the “date of commencement” for national stage applications?
The USPTO determines the “date of commencement” for national stage applications based on specific criteria. According to MPEP 1893.01: “For purposes of filing a national stage application under 35 U.S.C. 371, the date of commencement is the date of receipt of the national stage papers that include a specification (including claims), drawings (if necessary), and…
Read MoreWhat are the requirements for entering the national stage in the United States for an international patent application?
To enter the national stage in the United States, an applicant must fulfill the following requirements within 30 months from the priority date: Pay the basic national fee Submit a copy of the international application (if not previously communicated by the International Bureau) Submit an English translation of the international application (if it was not…
Read MoreHow can an applicant revive an abandoned international application in the national stage?
If an international application becomes abandoned in the national stage, an applicant can file a petition to revive it. The process for revival is as follows: File a petition in accordance with 37 CFR 1.137 Use Form PTO/SB/64PCT for convenience (available online at www.uspto.gov/patent/patents-forms) As stated in MPEP 1893.02: “Applicant may file a petition to…
Read MoreDoes a restored right of priority apply in all national stage applications?
A restored right of priority in an international application does not necessarily apply in all national stage applications. MPEP 1828.01 states: “It should be noted that restoration of a right of priority to a prior application by the United States Receiving Office, or by any other receiving Office, under the provisions of PCT Rule 26bis.3,…
Read MoreWhat effect does a preliminary amendment have on fees in a PCT national stage application?
A preliminary amendment filed with the initial national stage submission can affect the fees due for a PCT national stage application. MPEP 1893.01(c) states: “A preliminary amendment accompanying the initial national stage submission under 35 U.S.C. 371 that is effective to cancel claims and/or eliminate multiple dependent claims will be effective to reduce the number…
Read MoreWhat additional fees may be required for late submission of documents in a PCT national stage application?
Late submission of certain documents in a PCT national stage application may incur additional fees. According to MPEP 1893.01(c): “The processing fee set forth in 37 CFR 1.492(i) will be required for acceptance of an English translation of the international application later than the expiration of thirty months after the priority date, and the surcharge…
Read MoreWhat are the key fees for entering the national stage of a PCT application in the United States?
The key fees for entering the national stage of a PCT application in the United States include: The basic national fee The search fee The examination fee The application size fee According to MPEP 1893.01(c), “The basic national fee must be paid prior to the expiration of 30 months from the priority date to avoid…
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