What additional requirements must be met to avoid abandonment after entering the national stage?

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.

After timely meeting the requirements under 37 CFR 1.495(b), applicants must also satisfy additional requirements within a time period set by the USPTO to avoid abandonment. These requirements, as outlined in 37 CFR 1.495(c), include:

• English translation of the international application (if not in English)
• Oath or declaration
• Search fee
• Examination fee
• Application size fee (if applicable)

MPEP 1893.02 states: “If the requirements under 37 CFR 1.495(b) are timely met, but the requirements under 37 CFR 1.495(c) for an English translation of the international application, oath/declaration, search fee, examination fee and application size fee are not met within a time period set in a notice provided by the Office, then the application will become abandoned upon expiration of the time period set in the notice.”