What happens if the national stage requirements are not met within the time limit?
If the national stage requirements are not met within the time limit, the application will be considered abandoned. However, there are provisions for reviving an abandoned application under certain circumstances.
MPEP 601.04 explains: “If the basic national fee and copy of the international application are not filed by the expiration of the applicable time period set in 35 U.S.C. 371(b), the application will be considered to be abandoned.” However, the MPEP also notes that “a petition to revive under 37 CFR 1.137 may be granted if the delay was unintentional.”
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Topics:
Patent Law,
Patent Procedure