Can an authorization to charge fees under 37 CFR 1.16 be used for national stage applications?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Authorization to Charge Fees Under 37 CFR 1.16 Treated as 37 CFR 1.492 MPEP 1893.01(c) Authorization to Charge Fees Transfers MPEP 1893.01(c) Fees for National Applications Not International MPEP 1893.01(c) National Stage Application Timing and Art Status MPEP 1893 Use U.S. Application Number for National Stage Communications MPEP 1893 Recommended Include International Filing Date for National Stage Applications MPEP 1893 Recommended Prior Art Known Before National Stage Begins MPEP 1893 Publication Required for National Stage Applications MPEP 1803 Application Size Fee Based on Published International Application MPEP 1893.01(c) Four Types of U.S. National Applications Defined MPEP 1893 Other Related FAQs 5 FAQs Collapse What is the application size fee for U.S. national stage applications? What are the basic national fee requirements for entering the U.S. national stage? What happens if the basic national fee is not paid withi...