What happens if the national stage requirements are not met within the time limit?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs 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 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.” Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Requirements for Entering PCT National Stage MPEP 601.04 Reissue Application Requirements MPEP 601 Fee Submission Required for Provisional Application MPEP 601 Required Requirement for Commencing National Phase Entry MPEP 601 Application Abandoned Without Fee, Oath, Claims MPEP 601 Required Filing Fee and Oath Requirement MPEP 601 Required Specification and Claims Required for Nonprovisional Application MPEP 601 Required Application Filing Requirements for AIA Effective Dates MPEP 601 Required Claims and Oath/Declaration Can Be Filed After Initial Date Under Specific Conditions MPEP 601 Permitted Application Must Be Made In Writing By Inventor MPEP 601 Required Other Related FAQs 5 FAQs Collapse What are the time limits for entering the national stage in the United States? What documents are required for national stage entry in the US? What happens if an applicant misses the 30-month deadline for national stage entry? How is the 30-month period for national stage entry calculated? What is the significance of the filing date for a patent application?