How is the filing date determined for a national application under 35 U.S.C. 111(a) compared to a national stage application under 35 U.S.C. 371?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 4 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 filing date determination differs between these two types of applications: For a national application under 35 U.S.C. 111(a) : The filing date is generally the date when a specification is received by the USPTO, as per 37 CFR 1.53(b) . For a national stage application under 35 U.S.C. 371 : The filing date is the international filing date of the PCT application. As stated in MPEP 1896 : “By virtue of 35 U.S.C. 363, the U.S. filing date of an international application that designates the United States is, for most legal purposes, the international filing date.” Other Related FAQs 4 FAQs Collapse What are the main differences between a national application filed under 35 U.S.C. 111(a) and a national stage application submitted under 35 U.S.C. 371? What are the differences in filing fees between national applications under 35 U.S.C. 111(a) and national stage applications under 35 U.S.C. 371? What are the priority claim requirements for a national application under 35 U.S.C. 111(a) versus a national stage application under 35 U.S.C. 371? How does unity of invention practice differ between national applications under 35 U.S.C. 111(a) and national stage applications under 35 U.S.C. 371?