How does a PCT application become a national application?
A Patent Cooperation Treaty (PCT) application can become a national application in the United States when certain conditions are met. According to MPEP 201.01:
‘An international application filed under the Patent Cooperation Treaty in which the basic national fee under 35 U.S.C. 41(a)(1)(F) has been paid’ becomes a national application.
This process, known as ‘national stage entry,’ involves the following steps:
- Filing the appropriate documents with the USPTO
- Paying the required national fee
- Providing an English translation if the international application was not filed in English
Once these requirements are fulfilled, the international application effectively becomes a U.S. national application and is processed accordingly.
For more information on national stage entry, visit: national stage entry.
For more information on patent procedure, visit: patent procedure.
For more information on USPTO, visit: USPTO.
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
MPEP 201 - Types of Applications,
Patent Law,
Patent Procedure