What happens if an applicant fails to comply with the requirements of 35 U.S.C. 371(c)?

Failure to comply with the requirements of 35 U.S.C. 371(c) has serious consequences for an international application entering the national stage in the United States. According to MPEP 211.01(c), which cites 35 U.S.C. 371(d):

35 U.S.C. 371(d) indicates that failure to timely comply with the requirements of 35 U.S.C. 371(c) ‘shall be regarded as abandonment of the application by the parties thereof.’

This means that if an applicant does not meet the requirements for entering the national stage, such as submitting the required documents and fees within the specified time limits, the application will be considered abandoned. Abandonment results in the loss of the application’s filing date and any associated priority claims. It’s crucial for applicants to carefully follow the national stage entry requirements to avoid unintentional abandonment of their applications.

To learn more:

• national stage entry
• PCT application
• abandonment
• 35 U.S.C. 371(c)
• compliance

To learn more:

• 35 U.S.C. 371(c)