How does a national stage application differ from a domestic national application?
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.
To learn more: