Can an authorization to charge fees under 37 CFR 1.16 be used for national stage applications?
Yes, an authorization to charge fees under 37 CFR 1.16 can be used for national stage applications, even though these fees typically relate to national applications under 35 U.S.C. 111(a). MPEP 1893.01(c) explains:
“An authorization to charge fees under 37 CFR 1.16 in an international application entering the national stage under 35 U.S.C. 371 will be treated as an authorization to charge fees under 37 CFR 1.492.”
This means that applications will not be held abandoned if an authorization to charge fees under 37 CFR 1.16 has been provided instead of an authorization to charge fees under 37 CFR 1.492. This provision helps prevent unintentional abandonment due to incorrect fee authorizations.
To learn more: