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
Tags: national stage entry, patent procedure, USPTO