How does the USPTO determine the “date of commencement” for national stage applications?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs 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. The USPTO determines the “date of commencement” for national stage applications based on specific criteria. According to MPEP 1893.01 : “For purposes of filing a national stage application under 35 U.S.C. 371, the date of commencement is the date of receipt of the national stage papers that include a specification (including claims), drawings (if necessary), and the basic national fee.” It’s important to note that all three elements (specification, drawings if necessary, and basic national fee) must be present for the date of commencement to be established. If any of these elements are missing, the date of commencement will be the date on which the last missing element is received by the USPTO. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Requirements for National Stage Compliance MPEP 1893.01 Required Requirement for National Stage Commencement Under AIA Effective Dates MPEP 1893.01 Required Documents and Fees for National Stage Entry Required MPEP 1893.01 Required Requirement for National Stage Commencement Under PCT Article 22(1) or (2) MPEP 1893.01 Required Documents and Fees for National Stage Entry Required Within Time Limit MPEP 1893.01 Required National Stage Application Timing and Art Status MPEP 1893 Use U.S. Application Number for National Stage Communications MPEP 1893 Recommended Include International Filing Date for National Stage Applications MPEP 1893 Recommended Publication Required for National Stage Applications MPEP 1803 National Stage Commences After Time Limit MPEP 1893.01 Required Other Related FAQs 5 FAQs Collapse What happens if the basic national fee is not paid when entering the national stage? What is the significance of the &#8220...