What are the consequences of not paying the required national fee for a PCT application entering the U.S. 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.

If an applicant fails to pay the required national fee for a PCT application entering the U.S. national stage, there can be serious consequences. According to MPEP 1893.01(c):

“If the basic national fee is not paid during the international stage and on or before the date of entry into the national stage, the basic national fee must be paid and a copy of the international application must be filed in the USPTO on or before the date of entry into the national stage to avoid abandonment of the application.”

In other words, failure to pay the basic national fee and submit a copy of the international application by the deadline can result in the abandonment of the application. This means the application would no longer be pending, and the applicant would lose the opportunity to obtain patent protection in the United States through that specific PCT application.