Can the filing date of a U.S. national stage application be the international filing date?
Yes, the filing date of a U.S. national stage application can be the international filing date under certain conditions. According to MPEP 1893.03(b): “An international application designating the United States will have a United States filing date as of the international filing date if the requirements of 35 U.S.C. 371(c) are met within 30 months…
Read MoreCan an inventor’s oath or declaration indicate a U.S. National Stage Application?
Yes, an inventor’s oath or declaration can indicate a U.S. National Stage Application under certain conditions: The MPEP states: “The inclusion with the initial application submission of an inventor’s oath or declaration identifying the international application by international application number as the application to which the oath or declaration is directed is considered an indication…
Read MoreHow can I identify if an application is a U.S. National Stage Application?
To identify if an application is a U.S. National Stage Application, look for the following indicators: A clear statement in the initial submission that it is made under 35 U.S.C. 371 Use of Form PTO-1390 for the submission An inventor’s oath or declaration referencing the international application number A “NOTICE OF ACCEPTANCE OF APPLICATION UNDER…
Read MoreWhat forms should be used when submitting a U.S. National Stage Application?
When submitting a U.S. National Stage Application, it’s recommended to use specific forms to clearly indicate the nature of the submission: Form PTO-1390: “Transmittal Letter To The United States Designated/Elected Office (DO/EO/US) Concerning A Submission Under 35 U.S.C. 371” EFS-Web: Select “U.S. National Stage Under 35 U.S.C. 371” when prompted for the type of filing…
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