How is the 30-month period for national stage entry calculated?

The 30-month period for national stage entry is calculated from the priority date of the international application. The priority date is typically the filing date of the earliest application whose priority is claimed in the international application. MPEP 601.04 states: “For most applications, the 30-month time period for entry into the national stage expires on…

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What happens if an applicant fails to comply with the requirements of 35 U.S.C. 371(c)?

Failure to comply with the requirements of 35 U.S.C. 371(c) has serious consequences for an international application entering the national stage in the United States. According to MPEP 211.01(c), which cites 35 U.S.C. 371(d): 35 U.S.C. 371(d) indicates that failure to timely comply with the requirements of 35 U.S.C. 371(c) ‘shall be regarded as abandonment…

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What happens if the national stage requirements are not met within the time limit?

If the national stage requirements are not met within the time limit, the application will be considered abandoned. However, there are provisions for reviving an abandoned application under certain circumstances. MPEP 601.04 explains: “If the basic national fee and copy of the international application are not filed by the expiration of the applicable time period…

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Can a delayed benefit claim be filed for an international application entering the national stage?

Yes, a delayed benefit claim can be filed for an international application entering the national stage, but specific requirements must be met. The MPEP 211.04 provides guidance on this: ‘For international applications entering the national stage under 35 U.S.C. 371, the claim for priority must be made within the time limit set forth in the…

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How should I identify an international patent application in an assignment?

For an international patent application designating the United States, you must use the international application number in the assignment. MPEP 302.03 specifies: “An assignment relating to an international patent application which designates the United States of America must identify the international application by the international application number; e.g., PCT/US2012/012345.” This format ensures proper identification of…

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