What is the deadline for submitting an English translation of a PCT application entering the U.S. national stage?

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.

The deadline for submitting an English translation of a PCT application entering the U.S. national stage is typically 30 months from the priority date. However, if the translation is missing or defective, the USPTO provides a grace period. According to the MPEP:

“If applicant has timely paid the basic national fee and submitted the copy of the international application but the translation is missing or is defective, a Notification of Missing Requirements (PCT/DO/EO/905) will be sent to applicant setting a period to correct any missing or defective requirements. The time period is 32 months from the priority date or 2 months from the date of the notice, whichever expires later.”

Key points to remember:

• The initial deadline is 30 months from the priority date.
• If the translation is missing or defective, a new deadline is set: 32 months from the priority date or 2 months from the notification date, whichever is later.
• The time period may be extended for up to five additional months under 37 CFR 1.136(a).
• A processing fee is required for accepting a translation after 30 months from the priority date, as per 37 CFR 1.492(i).

It’s crucial to submit the translation as early as possible to avoid additional fees and potential delays in the application process.