What happens if the basic national fee is not paid on time for US national stage entry?

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 the basic national fee is not paid on time for US national stage entry, the application will be considered abandoned. However, the MPEP provides guidance on potential remedies:

If the basic national fee is not paid on time, the Designated (or Elected) Office will declare that the application is considered withdrawn under PCT Article 24(1) or 39(2). However, if the basic national fee is paid later, accompanied by a petition for revival, the Designated (or Elected) Office may excuse the late payment of the basic national fee.

This means that while timely payment is crucial, there may be options to revive the application if the fee is paid late. Applicants should be aware that such petitions typically involve additional fees and are subject to specific requirements and time limits.