How does the USPTO handle conflicting instructions in patent application submissions?

The USPTO has specific procedures for handling conflicting instructions in patent application submissions:

As per 37 CFR 1.495(g), applications with conflicting instructions regarding treatment under 35 U.S.C. 111(a) or 371 will be treated as national stage submissions under 35 U.S.C. 371.

The MPEP states: “Where applicant’s initial submission under 35 U.S.C. 371 contains conflicting instructions as to whether the filing is under 35 U.S.C. 111(a) or 35 U.S.C. 371, the application will be treated in accordance with 37 CFR 1.495(g).”

Examples of conflicting instructions include:

• Selecting “Nonprovisional Application under 35 U.S.C. 111(a)” in EFS-Web while submitting under 35 U.S.C. 371
• Including a “Utility Patent Application Transmittal” form in a 371 submission
• Making a benefit claim under 35 U.S.C. 120 to the international application in a 371 submission

To learn more:

• Conflicting Instructions
• 37 CFR 1.495(g)
• 35 U.S.C. 371
• 35 U.S.C. 111(a)
• Patent Application Submission