What is the significance of the 30-month time limit for national stage entry?
What is the significance of the 30-month time limit for national stage entry?
The 30-month time limit is a crucial deadline for entering the national stage of an international application under the Patent Cooperation Treaty (PCT). The MPEP explains:
“An applicant must fulfill the requirements of 35 U.S.C. 371 within the time periods set forth in 37 CFR 1.495 and 1.496 in order to prevent the abandonment of the international application as to the United States of America.” (MPEP 1893.01(a))
The significance of the 30-month time limit includes:
- It marks the deadline for submitting the basic national fee, a copy of the international application (if not already provided by the International Bureau), and an English translation of the international application (if not in English).
- Failure to meet this deadline results in abandonment of the application in the United States.
- The 30-month period is calculated from the priority date of the international application.
- In some cases, an additional 2-month grace period may be available under certain conditions.
Applicants must be vigilant about this deadline to ensure their international applications successfully enter the U.S. national stage.
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