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