What additional documents may be required for national stage entry in the U.S.?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-27

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.

In addition to the basic requirements, applicants may need to submit the following documents for national stage entry in the United States:

  • An English translation of the international application (if not in English)
  • The search fee (37 CFR 1.492(b))
  • The examination fee (37 CFR 1.492(c))
  • An oath or declaration of the inventor (35 U.S.C. 371(c)(4))
  • An English translation of any annexes to the international preliminary examination report (if applicable)

As per 37 CFR 1.495(c)(1):

“If applicant complies with paragraph (b) of this section before expiration of thirty months from the priority date, the Office will notify the applicant if he or she has omitted any of: (i) A translation of the international application…; (ii) The inventor’s oath or declaration…; (iii) The search fee…; (iv) The examination fee…; and (v) Any application size fee…”

The Office will set a time period for submitting any omitted items. Failure to timely submit the required documents and fees may result in abandonment of the application.

Tags: additional requirements, examination fee, inventor's oath, national stage entry, search fee, Translation