What are the deadlines for national stage entry in PCT applications?
The deadlines for entering the national stage in PCT applications can vary depending on whether the application is proceeding under Chapter I or Chapter II of the PCT. MPEP 1842 provides the following information:
National Stage Entry Following PCT Chapter I
“PCT Article 22(1) was amended, effective April 1, 2002, to specify that the national stage requirements are due not later than at the expiration of 30 months from the priority date if no demand has been filed.”
However, it’s important to note that not all countries have adopted this 30-month period. The MPEP advises checking WIPO’s website for a list of countries that may still use a 20-month period.
National Stage Entry Following PCT Chapter II
“If the election of a Contracting State has been effected by filing a demand prior to the expiration of the 19th month from the priority date, the provisions of Article 39 apply rather than the provisions of Article 22. The deadline for filing the national stage requirements under PCT Article 39(a) is 30 months from the priority date, but any national law may fix time limits which expire later than the time limit provided in PCT Article 39(a).”
For the most up-to-date information on specific country deadlines, the MPEP recommends checking WIPO’s website.
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