What are the basic requirements to enter the national stage in the United States for a PCT application?

To enter the national stage in the United States for a PCT application, an applicant must fulfill the following basic requirements within 30 months from the priority date: Pay the basic national fee (see 37 CFR 1.492(a)) Ensure a copy of the international application has been received by the U.S. Designated or Elected Office (unless…

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What are the options for paying the basic national fee for a PCT application entering the U.S. national stage?

Applicants have multiple options for paying the basic national fee when a PCT application enters the U.S. national stage. According to MPEP 1893.01(c): “The basic national fee must be paid in U.S. dollars and in the amount set forth in 37 CFR 1.492(a) to avoid abandonment of the application. The basic national fee is due…

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What is the deadline for submitting an English translation of a PCT application entering the U.S. national stage?

The deadline for submitting an English translation of a PCT application entering the U.S. national stage is typically 30 months from the priority date. However, if the translation is missing or defective, the USPTO provides a grace period. According to the MPEP: “If applicant has timely paid the basic national fee and submitted the copy…

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How does the Director of International Patent Legal Administration handle issues with international preliminary examination?

The Director of International Patent Legal Administration plays a crucial role in addressing issues related to international preliminary examination. Their responsibilities include: Deciding petitions to review the holding of lack of unity of invention in international applications Deciding petitions to review the refusal to enter the national stage in international applications MPEP 1002.02(p) states: “The…

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How can I file the required national stage documents with the USPTO?

The USPTO recommends filing the required national stage documents electronically. According to the MPEP: “It is preferable to file the required national stage items online using the EFS-Web system (further information regarding EFS-Web is available at www.uspto.gov/patents-application-process/file-online).” Alternatively, you can use the Priority Mail Express® mailing procedure set forth in 37 CFR 1.10. However, it’s…

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