What happens if I pay the basic national fee but omit other required items for national stage entry?
If you pay the basic national fee and provide the copy of the international application (if required) within the 30-month period, but omit other required items, the USPTO will send you a notice. According to the MPEP: “Where the basic national fee has been paid and the copy of the international application (if required) has…
Read MoreWhat are the deadlines for national stage entry in PCT applications?
The deadlines for entering the national stage in PCT applications can vary depending on whether the application is proceeding under Chapter I or Chapter II of the PCT. MPEP 1842 provides the following information: National Stage Entry Following PCT Chapter I “PCT Article 22(1) was amended, effective April 1, 2002, to specify that the national…
Read MoreWhen is the deadline for paying the basic national fee for a PCT application entering the US national stage?
The deadline for paying the basic national fee for a PCT application entering the US national stage is 30 months from the priority date. This is a critical deadline that must be met to avoid abandonment of the application. As stated in MPEP 1893.01(c): “The basic national fee must be paid prior to the expiration…
Read MoreHow is the application size fee calculated for a PCT national stage application in the US?
The application size fee for a PCT national stage application in the US is calculated based on the international application as published by WIPO under PCT Article 21. MPEP 1893.01(c) provides specific details on this calculation: “The application size fee is calculated on the basis of the number of sheets of specification (including the description,…
Read MoreCan the 30-month deadline for national stage entry be extended?
No, the 30-month deadline for national stage entry cannot be extended. The MPEP clearly states: “The thirty-month time period set forth in paragraphs (b), (c), (d), (e) and (h) of this section may not be extended.” (37 CFR 1.495(a)) This means that the basic national fee must be paid and the copy of the international…
Read MoreHow is the title of the invention determined for a PCT national phase application?
The title of the invention for a PCT national phase application is determined as follows: If an application data sheet (ADS) or preliminary amendment changing the title is not provided, the USPTO will use the title that appears on the first page of the description of: The published international application (if published in English under…
Read MoreWhat is the “five-month time period” in PCT national phase entry?
The “five-month time period” refers to the period during which certain actions must be taken for a PCT application entering the national phase in the United States. According to MPEP 1893.01: “The five-month time period may be set by applicant by filing a proper demand for early review of the application under 35 U.S.C. 371(f)…
Read MoreWhat is the PCT and how many member states are there?
The PCT (Patent Cooperation Treaty) is an international patent law treaty that provides a unified procedure for filing patent applications to protect inventions in its contracting states. The exact number of member states changes over time as new countries join. According to the MPEP, An updated list of PCT Contracting States is available from WIPO’s…
Read MoreWhat is the purpose of Form PCT/ISA/237?
Form PCT/ISA/237 is used for preparing the Written Opinion of the International Searching Authority. The Written Opinion provides an initial, non-binding opinion on the patentability of the claimed invention. As stated in the MPEP, Box No. V is the main purpose of the written opinion. All claims without fatal defects are treated on the merits…
Read MoreWhat is Form PCT/ISA/203 and when is it used?
Form PCT/ISA/203 is a declaration used by the International Searching Authority (ISA) when it determines that no search report will be established for any of the claims in an international patent application. According to the MPEP: “If the examiner determines that none of the claims will be searched, the examiner declares that no search report…
Read More