What are the basic requirements for entering the national stage in the US?

What are the basic requirements for entering the national stage in the US?

To enter the national stage in the United States, applicants must fulfill several basic requirements. According to the MPEP:

  • File a copy of the international application (unless previously communicated by the International Bureau or waived)
  • Submit an English language translation of the international application (if not in English)
  • Pay the basic national fee
  • Submit an oath or declaration of the inventor(s)

The MPEP states: For national stage applications having an international filing date on or after September 16, 2012, the requirement for the inventor’s oath or declaration or substitute statement has been eliminated as a requirement for completing national stage entry. The inventor’s oath or declaration is not required until the application is otherwise in condition for allowance.

It’s important to note that while the inventor’s oath or declaration is not required for initial national stage entry, it must be submitted before the application can be allowed.

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Topics: Patent Law, Patent Procedure
Tags: national stage entry