How does a national stage application differ from a domestic national application?
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.
A national stage application, which enters the U.S. national phase from an international PCT application, has several unique characteristics compared to a domestic national application. The MPEP notes: “The national stage is unique compared to a domestic national application in that:” (followed by specific differences)
Key differences include:
- Filing requirements and procedures
- Time limits for entering the national stage
- Examination process and timelines
- Ability to claim priority to the international filing date
- Specific forms and fees associated with national stage entry
Understanding these differences is crucial for patent attorneys and applicants when deciding between filing a PCT application with potential national stage entry or directly filing a domestic national application.