What are the basic requirements to enter the national stage in the United States for a PCT application?
To enter the national stage in the United States for a PCT application, an applicant must fulfill the following basic requirements within 30 months from the priority date:
- Pay the basic national fee (see 37 CFR 1.492(a))
- Ensure a copy of the international application has been received by the U.S. Designated or Elected Office (unless it was originally filed with the USPTO)
As stated in 37 CFR 1.495(b): “To avoid abandonment of the application, the applicant shall furnish to the United States Patent and Trademark Office not later than the expiration of thirty months from the priority date: (1) A copy of the international application, unless it has been previously communicated by the International Bureau or unless it was originally filed in the United States Patent and Trademark Office; and (2) The basic national fee (see § 1.492(a)).”
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