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 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.