How does the USPTO handle excess claim fees for PCT applications entering the national stage?
The USPTO has specific rules for handling excess claim fees in PCT applications entering the national stage. According to MPEP 1893.01(c): “Excess claims fees, if any, due under 37 CFR 1.492(d)-(e) based on the number of claims present in the application on filing must be paid within the time period set forth in 37 CFR…
Read MoreWhat are the consequences of not paying the required national fee for a PCT application entering the U.S. national stage?
If an applicant fails to pay the required national fee for a PCT application entering the U.S. national stage, there can be serious consequences. According to MPEP 1893.01(c): “If the basic national fee is not paid during the international stage and on or before the date of entry into the national stage, the basic national…
Read MoreWhat happens if the basic national fee is not paid when entering the national stage?
If the basic national fee is not paid when entering the national stage, it can affect the commencement of the national stage application. According to MPEP 1893.01: “If the basic national fee is not paid during the international stage, the basic national fee must be paid within the time limit set in 37 CFR 1.495(c).”…
Read MoreWhat happens if I miss the 30-month deadline for national stage entry?
If you miss the 30-month deadline for national stage entry, your international application will be considered abandoned as to the United States. The MPEP states: “An international application becomes abandoned as to the United States thirty months from the priority date if the requirements of paragraph (b) of this section have not been complied with…
Read MoreWhat are the consequences of submitting an incomplete or modified translation of a PCT application?
Submitting an incomplete or modified translation of a PCT application for U.S. national stage entry can lead to rejection or delays in processing. The MPEP clearly states: “A translation of less than all of the international application (e.g., a translation that fails to include a translation of text contained in the drawings or a translation…
Read MoreWhat is the “bypass” route for national stage entry under 35 U.S.C. 371?
What is the “bypass” route for national stage entry under 35 U.S.C. 371? The “bypass” route refers to a method of entering the national stage in the United States without complying with the requirements of 35 U.S.C. 371. As stated in the MPEP: “It is possible to “bypass” the international stage and file a national…
Read MoreWhat are the basic requirements for entering the national stage in the United States?
To enter the national stage in the United States, an applicant must fulfill the following basic requirements within 30 months from the priority date: Pay the basic national fee (37 CFR 1.492(a)) Submit a copy of the international application (unless previously communicated by the International Bureau or originally filed in the USPTO) As stated in…
Read MoreWhat are the basic national fee requirements for entering the U.S. national stage?
The basic national fee requirements for entering the U.S. national stage include: The basic national fee (37 CFR 1.492(a)) Search fee (37 CFR 1.492(b)) Examination fee (37 CFR 1.492(c)) Application size fee, if applicable (37 CFR 1.492(j)) These fees are due within the 30-month time period set in 37 CFR 1.495(b). As stated in MPEP…
Read MoreHow are Article 19 and Article 34 amendments treated in the U.S. national stage?
Article 19 and Article 34 amendments made during the international phase are treated differently when entering the U.S. national stage: Article 19 Amendments: Article 19 amendments to the claims will be entered by the USPTO if they are in English and received by the date of national stage commencement. As stated in MPEP 1893.01(a)(2): “Article…
Read MoreCan amendments be incorporated into the translation of a PCT application for U.S. national stage entry?
No, amendments cannot be incorporated into the translation of a PCT application for U.S. national stage entry. The MPEP clearly states: “Amendments, even those considered to be minor or to not include new matter, may not be incorporated into the translation.” Instead, if an applicant wishes to make amendments to the international application for the…
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