How does a PCT application enter the national stage in the United States?
According to MPEP 201.01, a PCT (Patent Cooperation Treaty) application can enter the national stage in the United States through the following process:
- The applicant must comply with the requirements of 35 U.S.C. 371.
- This typically involves submitting the national fee, a copy of the international application (unless previously communicated by the International Bureau), and a translation into English if the international application was filed in another language.
- Once these requirements are met, the application is considered a national application under 35 U.S.C. 111(a).
The MPEP states: “An international application enters the national stage when the applicant has fulfilled the requirements of 35 U.S.C. 371.” This process allows inventors to seek patent protection in multiple countries through a single international application.
For more information on 35 U.S.C. 371, visit: 35 U.S.C. 371.
Topics:
MPEP 200 - Types and Status of Application; Benefit and Priority,
MPEP 201 - Types of Applications,
Patent Law,
Patent Procedure