How does the benefit claim process differ for national stage applications under 35 U.S.C. 371?

The benefit claim process for national stage applications entering from an international application under 35 U.S.C. 371 has some specific timing requirements that differ from regular applications filed under 35 U.S.C. 111(a). The MPEP states:

“If the application is a nonprovisional application entering the national stage from an international application under 35 U.S.C. 371, the reference to the prior application must be made during the pendency of the application and within the later of four months from the date on which the national stage commenced under 35 U.S.C. 371(b) or (f), four months from the date of the initial submission under 35 U.S.C. 371 to enter the national stage, or sixteen months from the filing date of the prior application.”

Key differences for national stage applications include:

• The time period for submitting the benefit claim starts from the date the national stage commenced or the date of initial submission to enter the national stage.
• There are three possible deadlines, and the applicant can use the latest of these:
  1. Four months from the date the national stage commenced
  2. Four months from the date of the initial submission to enter the national stage
  3. Sixteen months from the filing date of the prior application

It’s important to carefully track these dates for national stage applications to ensure timely submission of benefit claims.

For more information on 35 U.S.C. 371, visit: 35 U.S.C. 371.

For more information on national stage application, visit: national stage application.