National Degree from a Foreign PCT Application

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Under 35 USC 371, the National Phase application is legally protected. Each international application that enters the US National Phase will be assigned an eight-digit number, which will allow the applicant to track the application and expedite the process.

You must file a national degree application in each selected foreign country by the national degree deadline, which is usually 30 or 31 months after the priority date. Initial filing may require a significant financial investment. Initial submissions that require translations tend to be more expensive. Australia, the European Patent Office (EPO), the Indian Patent Office (IPO), South Korea, and major foreign IP agencies are among those with 31-month deadlines. art data for submission of Information Disclosure Statement (can be submitted after initial filing)
According to MPEP 1893, if the international application has been previously notified by the International Bureau or has been filed with the U.S. Receiving Office, a copy of the published PCT application is not req Croatia Phone Number Library uired to file a U.S. national stage application: “Under PCT Rule 93bis(b), publication of the international application (and consequent availability of the published application in a digital library) is deemed to constitute the necessary communication to the United States of the copy of the international application. Designated or Elected Office. Therefore, publication of the application abroad by the International Bureau within 30 months from the priority date is deemed to satisfy the criteria of 37 CFR 1.495. (b).”

Entry into a US
An English translation must be submitted with the U.S. national stage application if the PCT application was filed with a foreign patent office with a non-English specification. An English translation of the international application must be submitted with the initial filing to avoid paying a surcharge under 37 CFR 1.492(i) ($70 for a small business).

A copy of the PCT application may be filed first if the applicant does not have sufficient time to file an English translation before the 30-month national phase deadline. An English translation of the international application must be filed within 2 months (or 32 months from the priority date, whichever is later) after the national phase entry, in accordance with a Notice of Requested Requirements under 35 USC 371 that the applicant will receive shortly thereafter.