What happens if the basic national fee is not paid within 30 months from the priority date in a U.S. national stage application?

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 within 30 months from the priority date in a U.S. national stage application, the consequences can be severe. According to MPEP 1893.03(b):

“If the basic national fee is not paid within 30 months from the priority date, the application is abandoned.”

This means that failure to pay the basic national fee within the specified timeframe results in the abandonment of the application. To avoid this, applicants should ensure timely payment of all required fees when entering the national stage.