What is the filing date of a U.S. national stage application?

Question

Accepted Answer

Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 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. The filing date of a U.S. national stage application is the same as the international filing date of the PCT application. As stated in the MPEP, “ the filing date of the international stage application is also the filing date for the national stage application. ” This is based on 35 U.S.C. 363 , which provides that “An international application designating the United States shall have the effect, from its international filing date under Article 11 of the treaty, of a national application for patent regularly filed in the Patent and Trademark Office.” Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Include International Filing Date for National Stage Applications MPEP 1893 Recommended Identification of U.S. National Stage Application MPEP 1893.03(a) National Stage Application Timing and Art Status MPEP 1893 Four Types of U.S. National Applications Defined MPEP 1893 National Stage Commences After Time Limit MPEP 1893.01 Required National Stage Commences After PCT Time Limits MPEP 1893.01 Required National Stage Commences After PCT Time Limits MPEP 1893.01 Required International Application May Publish MPEP 1893.01(a)(1) Permitted Prior Art Known Before National Stage Begins MPEP 1893 Translation Required for National Stage Entry MPEP 1893.01(a)(1) Required Other Related FAQs 5 FAQs Collapse Why does MPEP 602.07 refer to MPEP § 1893.01(e)? What is MPEP 602.07 about? How does an international application designating the United States affect national patent rights? What is the time limit for filing a certified copy of a foreign application in a U.S. patent application? What is a designated office in patent applications?