MPEP § 1893 — MPEP § 1893
Current through: 2022-07-01

1893-National Stage (U.S. National Application Filed Under 35 U.S.C. 371) 
 
 

 
 
 
 
 
 
 
 

 

 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 

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 Chapter 1800 

 Section 1893 
 

 
 
 
 
 
 1893 National Stage (U.S. National Application Filed Under 35 U.S.C.
 371) [R-07.2022]
 

 There are four types of U.S. national applications: a national stage
 application under 35 U.S.C. 371 , a regular domestic national application filed
 under 35 U.S.C.
 111(a) , a provisional application filed under 35 U.S.C. 111(b) ,
 and an international design application filed under the Hague Agreement in which the
 Office has received a copy of the international registration pursuant to Hague Agreement
 Article 10. See 37
 CFR 1.9 .
 

 An applicant who uses the Patent Cooperation Treaty gains the benefit
 of:
 

 
 (A) a delay in the time when papers must be submitted to the
 national offices;
 

 (B) an international search (to judge the level of the relevant
 prior art) and a written opinion on the question of whether the claimed
 invention appears to be novel, to involve an inventive step (to be non-obvious),
 and to be industrially applicable before having to expend resources for filing
 fees, translations and other costs;
 

 (C) a delay in the expenditure of fees;

 (D) additional time for research;

 (E) additional time to evaluate financial, marketing, commercial and
 other considerations; and
 

 (F) the option of obtaining international preliminary
 examination.
 

 
 The time delay is, however, the benefit most often recognized as
 primary. Ultimately, applicant might choose to submit the national stage application.
 The national stage is unique compared to a domestic national application in that:
 

 
 (A) it is submitted later (i.e., normally 30 months from a claimed
 priority date as compared to 12 months for a domestic application claiming
 priority); and
 

 (B) the status of the prior art is generally known before the
 national stage begins and this is not necessarily so in a domestic national
 application.
 

 IDENTIFICATION OF THE NATIONAL STAGE APPLICATION Once an international application entering the U.S. national phase
 (“national stage application”) has been accorded a U.S. application number (the two
 digit series code followed by a six digit serial number), that number should be used
 whenever papers or other communications are directed to the USPTO regarding the
 national stage application. See 37 CFR 1.5(a) . The national
 stage application is tracked through the Patent Data Portal system by the eight
 digit U.S. application number. Therefore, processing is expedited if the U.S.
 application number is indicated. The international application number, international
 filing date, and the national stage entry date under 35 U.S.C. 371 
 (if such has been accorded) should also be included, as such would also be helpful
 for identification purposes and can be used to cross-check a possibly erroneous U.S.
 application number.
 

 
 1893.01 Commencement and Entry [R-07.2015]

 
 35 U.S.C. 371 
 National stage: Commencement. 

 
 (a) Receipt from the International Bureau of copies of
 international applications with any amendments to the claims,
 international search reports, and international preliminary examination
 reports including any annexes thereto may be required in the case of
 international applications designating or electing the United
 States.
 

 (b) Subject to subsection (f) of this section, the national
 stage shall commence with the expiration of the applicable time limit
 under article 22(1) or (2) , or under article
 39(1)(a) of the treaty. 
 

 (c) The applicant shall file in the Patent and Trademark
 Office —
 
 (1) the national fee provided in section
 41(a) ; 
 

 (2) a copy of the international application, unless
 not required under subsection (a) of this section or already
 communicated by the International Bureau, and a translation into
 the English language of the international application, if it was
 filed in another language;
 

 (3) amendments, if any, to the claims in the
 international application, made under article
 19 of the treaty, unless such amendments
 have been communicated to the Patent and Trademark Office by the
 International Bureau, and a translation into the English
 language if such amendments were made in another language; 
 

 (4) an oath or declaration of the inventor (or
 other person authorized under chapter 11 ) complying with the
 requirements of section 115 
 and with regulations prescribed for oaths or declarations of
 applicants;
 

 (5) a translation into the English language of any
 annexes to the international preliminary examination report, if
 such annexes were made in another language.
 

 
 

 (d) The requirement with respect to the national fee
 referred to in subsection (c)(1), the translation referred to in
 subsection (c)(2), and the oath or declaration referred to in subsection
 (c)(4) of this section shall be complied with by the date of the
 commencement of the national stage or by such later time as may be fixed
 by the Director. The copy of the international application referred to
 in subsection (c)(2) shall be submitted by the date of the commencement
 of the national stage. Failure to comply with these requirements shall
 be regarded as abandonment of the application by the parties thereof,
 unless it be shown to the satisfaction of the Director that such failure
 to comply was unavoidable. The payment of a surcharge may be required as
 a condition of accepting the national fee referred to in subsection
 (c)(1) or the oath or declaration referred to in subsection (c)(4) of
 this section if these requirements are not met by the date of the
 commencement of the national stage. The requirements of subsection
 (c)(3) of this section shall be complied with by the date of the
 commencement of the national stage, and failure to do so shall be
 regarded as a cancellation of the amendments to the claims in the
 international application made under article 19 of the
 treaty. The requirement of subsection (c)(5) shall be complied with at
 such time as may be fixed by the Director and failure to do so shall be
 regarded as cancellation of the amendments made under article
 34(2)(b) of the treaty. 
 

 (e) After an international application has entered the
 national stage, no patent may be granted or refused thereon before the
 expiration of the applicable time limit under article
 28 or article 41 of the
 treaty, except with the express consent of the applicant. The applicant
 may present amendments to the specification, claims, and drawings of the
 application after the national stage has commenced.
 

 (f) At the express request of the applicant, the national
 stage of processing may be commenced at any time at which the
 application is in order for such purpose and the applicable requirements
 of subsection (c) of this section have been complied with.
 

 
 

 
 37 CFR 1.491 National stage commencement, entry, and fulfillment. 

 [Editor Note: Applicable to patent applications
 filed under 35 U.S.C. 363 on or after September 16, 2012]
 

 
 (a) Subject to 35 U.S.C. 371(f) ,
 the national stage shall commence with the expiration of the applicable
 time limit under PCT Article 22(1) or
 (2) , or under PCT Article
 39(1)(a) . 
 

 (b) An international application enters the national stage
 when the applicant has filed the documents and fees required by
 35
 U.S.C. 371(c)(1) and (c)(2) within the period set
 in §
 1.495 . 
 

 (c) An international application fulfills the
 requirements of 35 U.S.C. 371 when
 the national stage has commenced under 35 U.S.C. 371(b) or
 (f) and all applicable requirements of
 35
 U.S.C. 371 have been satisfied.
 

 
 

 

 
 37 CFR 1.491 (pre-AIA) National stage commencement and entry. 

 [Editor Note: Applicable to patent applications
 filed under 35 U.S.C. 363 prior to September 16, 2012]
 

 
 (a) Subject to 35 U.S.C.
 371(f) , the national stage shall commence with
 the expiration of the applicable time limit under PCT Article 22(1) or
 (2) , or under PCT Article
 39(1)(a) .
 

 (b) An international application enters the
 national stage when the applicant has filed the documents and fees
 required by 35 U.S.C. 371(c) 
 within the period set in § 1.495.
 

 
 

 Subject to 35 U.S.C. 371(f) , commencement
 of the national stage occurs upon expiration of the applicable time limit under
 PCT Article
 22(1) or (2) , or under PCT Article 39(1)(a) . See
 35 U.S.C.
 371(b) and 37 CFR 1.491(a) .
 PCT Articles
 22(1) , 22(2) , and 39(1)(a) 
 provide for a time limit of not later than the expiration of 30 months from the
 priority date. Thus, in the absence of an express request for early processing of an
 international application under 35 U.S.C. 371(f) and compliance
 with the conditions provided therein, the U.S. national stage will commence upon
 expiration of 30 months from the priority date of the international application.
 Pursuant to 35
 U.S.C. 371(f) , the national stage may commence earlier than
 30 months from the priority date, provided applicant makes an express request for
 early processing and has complied with the applicable requirements under
 35 U.S.C.
 371(c) . 
 

 Entry into the national stage occurs upon completion of certain
 acts, as provided in 37 CFR 1.491(b) . For
 international applications having an international filing date before September 16,
 2012, the international application enters the national stage when the applicant has
 filed the documents and fees required by 35 U.S.C. 371(c) within the
 period set in 37 CFR 1.495 . For international applications having an
 international filing date on or after September 16, 2012, the international
 application enters the national stage when the applicant has filed the documents and
 fees required by 35 U.S.C. 371(c)(1) and (2) within the period set in
 37 CFR
 1.495 . Thus, for international applications having an
 international filing date on or after September 16, 2012, submission of the oath or
 declaration of the inventor under 35 U.S.C. 371(c)(4) is not
 required to enter the U.S. national phase.
 

 
 1893.01(a) Entry via the U.S. Designated or Elected
 Office [R-07.2022]
 

 
 PCT Article 2 

 Definitions 

 *****

 
 (xiii) “designated Office” means the national Office of or
 acting for the State designated by the applicant under
 Chapter I of
 this Treaty;
 

 (xiv) “elected Office” means the national Office of or
 acting for the State elected by the applicant under
 Chapter II of
 this Treaty;
 

 
 *****

 

 
 37 CFR 1.414 The United States Patent and Trademark Office as a Designated Office
 or Elected Office. 

 
 (a) The United States Patent and Trademark Office will
 act as a Designated Office or Elected Office for international
 applications in which the United States of America has been
 designated or elected as a State in which patent protection is
 desired.
 

 (b) The United States Patent and Trademark Office, when
 acting as a Designated Office or Elected Office during international
 processing will be identified by the full title “United States
 Designated Office” or by the abbreviation “DO/US” or by the full
 title “United States Elected Office” or by the abbreviation
 “EO/US.”
 

 (c) The major functions of the United States Designated
 Office or Elected Office in respect to international applications in
 which the United States of America has been designated or elected,
 include:
 
 (1) Receiving various notifications throughout
 the international stage and
 

 (2) National stage processing for international
 applications entering the national stage under
 35 U.S.C.
 371 . 
 

 
 

 
 

 An international application designating the U.S. will enter
 the national stage via the U.S. Designated Office unless a Demand electing the
 U.S. is filed under PCT Article 31 whereupon
 entry will be via the U.S. Elected Office.
 

 When entering the U.S. national stage following
 either Chapter I or Chapter II, the applicant has the right to amend the
 application within the time limit of one month from commencement
 ( PCT
 Article 28 and PCT Rule 52.1 or
 PCT
 Article 41 and PCT Rule 78.1 ,
 respectively). 
 

 
 1893.01(a)(1) Submissions Required by 30 Months from the Priority
 Date [R-01.2024]
 

 
 37 CFR 1.495 Entering the national stage in the United States of
 America. 

 [Editor Note: Paragraphs (a) and (h) below
 are applicable only to patent applications filed under 35 U.S.C.
 111(a) or 363 on or after
 September 16, 2012]
 

 
 (a) The applicant in an international application
 must fulfill the requirements of 35 U.S.C.
 371 within the time periods set forth in
 paragraphs (b) and (c) of this section in order to prevent the
 abandonment of the international application as to the United
 States of America. The thirty-month time period set forth in
 paragraphs (b), (c), (d), (e) and (h) of this section may not be
 extended.
 

 (b) To avoid abandonment of the application, the
 applicant shall furnish to the United States Patent and
 Trademark Office not later than the expiration of thirty months
 from the priority date:
 
 (1) A copy of the international application,
 unless it has been previously communicated by the
 International Bureau or unless it was originally filed
 in the United States Patent and Trademark Office;
 and
 

 (2) The basic national fee (see §
 1.492(a) ).
 

 
 

 (c) 
 
 (1) If applicant complies with paragraph (b)
 of this section before expiration of thirty months from
 the priority date, the Office will notify the applicant
 if he or she has omitted any of:
 
 (i) A translation of the
 international application, as filed, into the
 English language, if it was originally filed in
 another language and if any English language
 translation of the publication of the
 international application previously submitted
 under 35 U.S.C.
 154(d) (§ 1.417 ) is not also a
 translation of the international application as
 filed ( 35 U.S.C.
 371(c)(2) ); 
 

 (ii) The inventor’s oath or
 declaration ( 35 U.S.C.
 371(c)(4) and §
 1.497 ), if a declaration of
 inventorship in compliance with § 1.63 has not been previously
 submitted in the international application under
 PCT Rule
 4.17(iv) within the time limits
 provided for in PCT Rule
 26ter.1 ;
 
 

 (iii) The search fee set forth in §
 1.492(b) ; 
 

 (iv) The examination fee set forth
 in § 1.492(c) ; and 
 

 (v) Any application size fee
 required by § 1.492(j) ; 
 

 
 

 (2) A notice under paragraph (c)(1) of this
 section will set a time period within which applicant
 must provide any omitted translation, search fee set
 forth in § 1.492(b) , examination fee set
 forth in § 1.492(c) , and any application
 size fee required by § 1.492(j) in order to avoid
 abandonment of the application.
 

 (3) The inventor’s oath or declaration must
 also be filed within the period specified in paragraph
 (c)(2) of this section, except that the filing of the
 inventor’s oath or declaration may be postponed until
 the application is otherwise in condition for allowance
 under the conditions specified in paragraphs (c)(3)(i)
 through (c)(3)(iii) of this section.
 
 (i) The application
 contains an application data sheet in accordance
 with § 1.76 filed prior to the
 expiration of the time period set in any notice
 under paragraph (c)(1) identifying: 
 
 (A) Each inventor by
 his or her legal name;
 

 
 
 (B) A mailing
 address where the inventor customarily receives
 mail, and residence, if an inventor lives at a
 location which is different from where the
 inventor customarily receives mail, for each
 inventor. 
 

 
 

 
 
 (ii) The applicant must
 file each required oath or declaration in
 compliance with § 1.63 , or substitute statement
 in compliance with § 1.64 , no later than the date
 on which the issue fee for the patent is paid. If
 the applicant is notified in a notice of
 allowability that an oath or declaration in
 compliance with § 1.63 , or substitute statement
 in compliance with § 1.64 , executed by or with
 respect to each named inventor has not been filed,
 the applicant must file each required oath or
 declaration in compliance with § 1.63 , or substitute statement
 in compliance with § 1.64 , no later than the date
 on which the issue fee is paid to avoid
 abandonment. This time period is not extendable
 under § 1.136 (see § 1.136(c) ). The Office may
 dispense with the notice provided for in paragraph
 (c)(1) of this section if each required oath or
 declaration in compliance with § 1.63 , or substitute statement
 in compliance with § 1.64 , has been filed before
 the application is in condition for allowance.
 

 
 
 (iii) An international
 application in which the basic national fee under
 35 U.S.C.
 41(a)(1)(F) has been paid and
 for which an application data sheet in accordance
 with § 1.76 has been filed may be
 treated as complying with 35
 U.S.C. 371 for purposes of
 eighteen-month publication under 35
 U.S.C. 122(b) and §
 1.211 et seq. 
 

 
 

 (4) The payment of the processing fee set
 forth in § 1.492(i) is required for
 acceptance of an English translation later than the
 expiration of thirty months after the priority date. The
 payment of the surcharge set forth in §
 1.492(h) is required for
 acceptance of any of the search fee, the examination
 fee, or the inventor’s oath or declaration after the
 date of the commencement of the national stage (§
 1.491(a) ). 
 

 (5) For international
 applications having an international filing date before
 July 1, 2022, a sequence listing need not be translated
 if the sequence listing complies with PCT
 Rule 12.1(d) and the description
 complies with PCT Rule
 5.2(b) . For international
 applications having an international filing date on or
 after July 1, 2022, for purposes of paragraph (c)(1)(i)
 of this section, an English translation is required for
 any sequence listing in XML format (“Sequence Listing
 XML”) containing non-English language values for any
 language-dependent free text qualifiers in accordance
 with §§ 1.831 through 1.834 .
 

 
 

 (d) A copy of any amendments to the claims made
 under PCT Article
 19 , and a translation of those amendments
 into English, if they were made in another language, must be
 furnished not later than the expiration of thirty months from
 the priority date. Amendments under PCT Article
 19 which are not received by the
 expiration of thirty months from the priority date will be
 considered to be canceled.
 

 (e) A translation into English of any annexes to an
 international preliminary examination report (if applicable), if
 the annexes were made in another language must be furnished not
 later than the expiration of thirty months from the priority
 date. Translations of the annexes which are not received by the
 expiration of thirty months from the priority date may be
 submitted within any period set pursuant to paragraph (c) of
 this section accompanied by the processing fee set forth in §
 1.492(f) .
 Annexes for which translations are not timely received will be
 considered canceled. 
 

 (f) Verification of the translation of the
 international application or any other document pertaining to an
 international application may be required where it is considered
 necessary, if the international application or other document
 was filed in a language other than English.
 

 (g) The documents and fees submitted under
 paragraphs (b) and (c) of this section must be identified as a
 submission to enter the national stage under 35 U.S.C.
 371 . If the documents and fees contain
 conflicting indications as between an application under
 35 U.S.C.
 111 and a submission to enter the
 national stage under 35 U.S.C.
 371 , the documents and fees will be
 treated as a submission to enter the national stage under
 35 U.S.C.
 371 .
 

 (h) An international application becomes abandoned
 as to the United States thirty months from the priority date if
 the requirements of paragraph (b) of this section have not been
 complied with within thirty months from the priority date. 
 

 
 

 

 
 37 CFR 1.495 (pre-AIA) Entering the national stage in the United States of
 America. 

 [Editor Note: Paragraphs (a) and (h) below
 are not applicable to patent applications filed under 35 U.S.C.
 111(a) or 363 on or after
 Sept. 16, 2012. See § 1.495 for more
 information and for the current rule, including the portions of the rule
 not reproduced below and applicable irrespective of application filing
 date and paras. (a) and (h) applicable to patent applications filed
 under 35 U.S.C. 111(a) or
 363 on or after Sept. 16, 2012]
 

 
 (a) The applicant in an international
 application must fulfill the requirements of 35 U.S.C.
 371 within the time periods set forth in
 paragraphs (b) and (c) of this section in order to prevent the
 abandonment of the international application as to the United
 States of America. The thirty-month time period set forth in
 paragraphs (b), (c), (d), (e) and (h) of this section may not be
 extended. International applications for which those
 requirements are timely fulfilled will enter the national stage
 and obtain an examination as to the patentability of the
 invention in the United States of America.
 

 * * * * *

 (h) An international application
 becomes abandoned as to the United States thirty months from the
 priority date if the requirements of paragraph (b) of this
 section have not been complied with within thirty months from
 the priority date. If the requirements of paragraph (b) of this
 section are complied with within thirty months from the priority
 date but either of any required translation of the international
 application as filed or the oath or declaration are not timely
 filed, an international application will become abandoned as to
 the United States upon expiration of the time period set
 pursuant to paragraph (c) of this section.
 

 
 

 To avoid abandonment of an international
 application as to the United States, applicant is required to comply with
 37
 CFR 1.495(b) within 30 months from the priority date.
 Thus, applicant must pay the basic national fee not later than the
 expiration of 30 months from the priority date and be sure that a copy of
 the international application has been received by the U.S. Designated or
 Elected Office not later than the expiration of 30 months from the priority
 date. 
 

 It is preferable to file the required national
 stage items online using the USPTO patent electronic filing system (further
 information regarding the USPTO patent electronic filing system is available
 at www.uspto.gov/patents-application-process/
 file-online ). Applicants may also file these items using the
 Priority Mail Express® mailing procedure set forth in 37 CFR
 1.10 . Facsimile transmission is not acceptable for
 submission of the basic national fee and/or the copy of the international
 application. See 37 CFR 1.6(d) .
 Likewise, the certificate of mailing procedures of 37 CFR
 1.8 do not apply to the filing of the copy of the
 international application and payment of the basic national fee. See
 37 CFR
 1.8(a)(2)(i)(F) .
 

 Applicants cannot pay the basic national fee with a
 surcharge after the 30 month deadline. Failure to pay the basic national fee
 within 30 months from the priority date will result in abandonment of the
 application. The time for payment of the basic national fee is not
 extendable.
 

 Where the international application was filed with the
 United States Receiving Office as the competent receiving Office, the copy
 of the international application referred to in 37 CFR
 1.495(b) is not required. Otherwise, the copy of the
 international application required under 37 CFR
 1.495(b) must be provided within 30 months from the
 priority date to avoid abandonment. A copy of the international application
 is published by the International Bureau at about 18 months from the
 priority date, at which time the published application becomes available to
 the U.S. Designated or Elected Office in electronic form in a digital
 library from which the U.S. Designated or Elected Office is entitled to
 retrieve the application. Pursuant to PCT Rule
 93bis(b) , the publication of
 the international application by the International Bureau (and the resulting
 availability of the published application in a digital library) is
 considered to effect the required communication of the copy of the
 international application to the U.S. Designated or Elected Office. Thus,
 publication of an international application by the International Bureau
 within 30 months from the priority date is considered to satisfy the
 requirement of 37 CFR 1.495(b) . 
 

 Where the basic national fee has been paid and the copy of
 the international application (if required) has been received not later than
 the expiration of 30 months from the priority date, but applicant has
 omitted any required item set forth in 37 CFR
 1.495(c)(1) , the Office will process the national
 stage application in accordance with the provisions of 37 CFR
 1.495 in effect for that application. As a
 consequence of the America Invents Act (AIA), 37 CFR
 1.495 was amended to permit postponement of the
 submission of the inventor’s oath or declaration under certain conditions
 and is applicable to national stage applications having an international
 filing date on or after September 16, 2012. For national stage applications
 having an international filing date prior to September 16, 2012, the pre-AIA
 version of 37 CFR 1.45 remains in effect.
 

 If the international filing date is prior to September 16,
 2012, and the basic national fee has been paid and the copy of the
 international application (if required) has been received not later than the
 expiration of 30 months from the priority date, but the required oath or
 declaration, translation, search fee ( 37 CFR 1.492(b) ),
 examination fee ( 37 CFR 1.492(c) ), or
 application size fee ( 37 CFR 1.492(j) ) has
 not been filed prior to commencement of the national stage (see
 MPEP §
 1893.01 ), the Office will send applicant a notice
 identifying any deficiency and provide a period of time to correct the
 deficiency as set forth in 37 CFR 1.495(c) . The
 time period usually set is 2 months from the date of the notification by the
 Office or 32 months from the priority date, whichever is later. This period
 may be extended for up to 5 additional months pursuant to the provisions of
 37 CFR
 1.136(a) . Failure to timely file the proper reply to
 the notification will result in abandonment of the national stage
 application. The processing fee set forth in 37 CFR
 1.492(i) will be required for acceptance of an
 English translation of the international application later than the
 expiration of thirty months after the priority date, and the surcharge fee
 set forth in 37 CFR 1.492(h) will be
 required for acceptance of any of the search fee, examination fee, or oath
 or declaration of the inventor after the date of commencement. See
 pre-AIA 37 CFR 1.495(c)(3) . 
 

 If the international filing date is on or after September
 16, 2012, the filing of the oath or declaration may be postponed until the
 application is otherwise in condition for allowance if applicants submit an
 application data sheet in accordance with 37 CFR
 1.76 identifying each inventor by the inventor’s
 legal name, the mailing address where each inventor customarily receives
 mail, and the residence of each inventor, if the inventor lives at a
 location which is different from where the inventor customarily receives
 mail. 37
 CFR 1.495(c)(3) . 
 

 For further information regarding the oath or declaration
 required under 35 U.S.C. 371(c)(4) and
 37 CFR
 1.497 , including for early entry and RCE filing, see
 MPEP §
 1893.01(e) . 
 

 For further information regarding the translation required
 under 35
 U.S.C. 371(c)(2) and 37 CFR
 1.495(c) , see MPEP § 1893.01(d) . 
 

 

 
 1893.01(a)(2) Article 19 Amendment (Filed With the International
 Bureau) [R-10.2019]
 

 The claims of an international application may be amended
 under PCT
 Article 19 after issuance of the search report. The
 description and drawings may not be amended under PCT Article
 19 . The amendment is forwarded to the U.S. Designated
 Office by the International Bureau for inclusion in the U.S. national stage
 application. Article 19 amendments
 including a complete claim set in English will be entered by replacing the
 original English language claims of the international application with the
 amended claim set. If the Article 19 amendments
 were made in a language other than English, applicant must provide an
 English translation for the U.S. national stage application. The
 Article 19 amendment(s) and the English translation
 of the amendment(s) must be received by the Office by the date of
 commencement of the national stage (see MPEP §
 1893.01 ). Otherwise, the amendment(s) will be
 considered to be canceled, 35 U.S.C. 371(d) . If
 such canceled amendments are desired, they must be offered under
 37 CFR
 1.121 as a preliminary amendment or a responsive
 amendment under 37 CFR 1.111 . In this
 regard, the “Transmittal Letter To The United States Designated/Elected
 Office (DO/EO/US) Concerning A Submission Under 35 U.S.C. 371” (Form
 PTO-1390) available at www.uspto.gov/patent/patents-forms includes a check box
 by which the applicant may expressly instruct the U.S. Designated/Elected
 Office not to enter the Article 19 amendment(s)
 in the United States national stage application.
 

 Article
 19 amendments filed before July 1, 2009 were not
 required to include a complete claim set and the pages of the translation
 would not have been entered as replacement claim sheets where entry would
 have resulted in an inconsistency in the flow of the claims from the bottom
 of one page to the top of the following page. In such situations, applicants
 are encouraged to submit a preliminary amendment in accordance with
 37 CFR
 1.121 to obtain entry of the desired changes.
 

 

 
 1893.01(a)(3) Article 34 Amendments (Filed with the International
 Preliminary Examining Authority) [R-07.2022]
 

 Amendments to the international application that were
 properly made under PCT Article 34 during
 the international preliminary examination phase (i.e., Chapter II) will be
 annexed by the International Preliminary Examining Authority to the
 international preliminary examination report (IPER) and communicated to the
 elected Offices. See PCT Article 36 ,
 PCT
 Rule 70.16 , and MPEP §
 1893.03(e) . If these annexes are in English, they
 will normally be entered into the U.S. national stage application by the
 Office absent a clear instruction by the applicant that the annexes are not
 to be entered. In this regard, the “Transmittal Letter To The United States
 Designated/Elected Office (DO/EO/US) Concerning A Submission Under 35 U.S.C.
 371” (Form PTO-1390) available at www.uspto.gov/patent/patents-forms includes a check box
 by which the applicant may expressly instruct the U.S. Designated/Elected
 Office not to enter the Article 34 amendment(s)
 in the United States national stage application. However, if entry of the
 replacement sheets will result in an obvious inconsistency in the
 description, claims or drawings of the international application, then the
 annexes will not be entered. If the annexes are in a foreign language, a
 proper translation of the annexes must be furnished to the Office not later
 than the expiration of 30 months from the priority date, unless a period has
 been set pursuant to 37 CFR 1.495(c) to
 furnish an oath or declaration, English translation of the international
 application, search fee ( 37 CFR 1.492(b) ),
 examination fee ( 37 CFR 1.492(c) ), or
 application size fee ( 37 CFR 1.492(j) ), in
 which case the translations of the annexes, accompanied by the processing
 fee set forth in 37 CFR 1.492(f) , may be
 submitted within the period set pursuant to 37 CFR
 1.495(c) . See 37 CFR 1.495(e) .
 Annexes for which translations are not timely received will be considered
 canceled. Amendments made under PCT Article 34 to the
 international application after commencement and entry into the U.S.
 national phase (see MPEP § 1893.01 ) will not
 be considered in a U.S. national stage application. However, applicants may
 still amend the U.S. national stage application by way of a preliminary
 amendment submitted in accordance with 37 CFR 1.115 and
 37 CFR
 1.121 . 
 

 Where an English translation of the annexes is provided,
 the translation must be such that the translation of the originally filed
 application can be changed by replacing the originally filed application
 page(s) (of translation) with substitute page(s) of translation of the
 annex. Thus, applicant should check to be sure that the English translation
 can be entered by substituting the pages of translation for corresponding
 pages of the description or claims of the international application without
 leaving an inconsistency. If entry of the page of translation causes
 inconsistencies in the description or claims of the international
 application the translation will not be entered. Non-entry of the annexes
 will be indicated on the “NOTICE OF ACCEPTANCE OF APPLICATION UNDER
 35 U.S.C. 371 AND 37 CFR 1.495” (Form PCT/DO/EO/903). For example, if the
 translation of the originally filed application has a first page which ends
 with the first part of paragraph 0012, with the remainder of paragraph 0012
 on the next page then the translation of the annex of the first page must
 include a substitute page or pages ending with the exact same first part of
 paragraph 0012. This enables the original translated first page of
 description to be replaced by the translation of the annex without changing
 the subsequent unamended page(s). Alternatively applicant may submit a
 preliminary amendment in accordance with 37 CFR 1.121 . The fact
 that an amendment made to the international application during the
 international phase was entered in the national stage application does not
 necessarily mean that the amendment is proper. Specifically, amendments are
 not permitted to introduce “new matter” into the application. See
 PCT
 Article 34(2)(b) . Where it is determined that such
 amendments introduce new matter into the application, then the examiner
 should proceed as in the case of regular U.S. national applications filed
 under 35
 U.S.C. 111(a) by requiring removal of the new matter
 and making any necessary rejections to the claims. See MPEP §§
 608.04 and 2163.06 .
 
 

 

 
 1893.01(a)(4) Claim Amendment (Filed With the U.S.
 Designated or Elected Office) [R-10.2019]
 

 For the manner of making amendments and the
 required format, see the applicable U.S. regulations, in particular
 37 CFR
 1.121 and 1.125 . One of the
 requirements for effectively amending claims in a national phase application
 is a complete listing of all claims ever presented, including the text of
 all pending and withdrawn claims. The status of every claim in such listing
 must be indicated after its claim number by one of the following identifiers
 in a parenthetical expression: (Original), (Currently Amended), (Canceled),
 (Withdrawn), (Previously Presented), (New), and (Not Entered). However, to
 prevent delays in prosecution, the Office may waive certain provisions of
 37 CFR
 1.121 and accept alternative status identifiers not
 specifically set forth in 37 CFR 1.121(c) .
 Accordingly claim listings that include alternative status identifiers as
 set forth in MPEP § 714 , subsection II.C, item (E) will be
 accepted if the amendment otherwise complies with 37 CFR
 1.121 . See MPEP § 714 , subsection
 II.C, item (E) and Acceptance of Certain Non-Compliant Amendments
 Under 37 CFR 1.121(c), 1296 OG 27 (July 5, 2005). 
 

 All “currently amended” claims must include
 markings to indicate the changes made relative to the immediate prior
 version of the claims: underlining to indicate additions, strike-through or
 double brackets for deletions (see 37 CFR 1.121(c) for
 further details regarding the format of claim amendments). Applicants should
 note that, in an amendment to the claims filed in a national phase
 application, the status identifier “original” must be used for claims that
 had been presented on the international filing date and not modified or
 canceled. The status identifier “previously presented” must be used in any
 amendment submitted during the national phase for any claims added or
 modified under PCT Articles 19 or
 34 in the international phase that were subsequently
 entered in the national phase. The status identifier “canceled” must be used
 in any amendment submitted during the national phase for any claims canceled
 under a PCT Article 19 or 34 
 amendment in the international phase and subsequently entered in the
 national phase.
 

 
 Example 1: Original claims 1-10; Article
 19/34 filed with claims 1-20 listed on the replacement sheet wherein
 claims 1-10 were unchanged and claims 11-20 were added; the status of
 the claims prior to any further amendment under 37 CFR 1.121 would be as
 follows: claims 1-10 as “original” and claims 11-20 as “previously
 presented.”
 

 Example 2: Original claims 1-10; Article
 19/34 filed with claims 1-9 listed on the replacement sheet wherein
 claims 1-9 were unchanged and claim 10 was cancelled; the status of the
 claims prior to any further amendment under 37 CFR 1.121 would be as
 follows: claims 1-9 as “original” and claim 10 as “cancelled.”
 

 Example 3: Original claims 1-10; Article
 19/34 filed with claims 1-9 listed on the replacement sheet wherein
 claim 1 was unchanged, claim 2 was cancelled and claims 3-10 were
 renumbered as claims 2-9; the status of the claims prior to any further
 amendment under 37 CFR 1.121 would be as follows: claim 1 as
 “original,”, claims 2-9 as “previously presented” and claim 10 as
 “cancelled.”
 

 Example 4: Original claims 1-10; Article
 19/34 filed with claims 1-10 listed on the replacement sheet wherein
 claims 1 and 3-10 were unchanged and claim 2 was cancelled; the status
 of the claims prior to any further amendment under 37 CFR 1.121 would be
 as follows: claims 1 and 3-10 as “original” and claim 2 as
 “cancelled.”
 

 

 Proposed amendments that are not submitted
 in compliance with the applicable regulations will not be entered. For
 example, the submission with the national phase documents of a revised set
 of claims, absent a preliminary amendment to the claims in compliance with
 37 CFR
 1.121(c) , will not be effective to amend the claims
 of record in the application. 
 

 

 

 
 1893.01(b) Applicant for a U.S. National Stage
 Application [R-07.2022]
 

 
 37 CFR 1.42 Applicant for Patent 

 [Editor Note: Applicable to patent
 applications filed under 35 U.S.C. 111(a) or
 363 on or after September 16, 2012]
 

 
 (a) The word “applicant” when used in this
 title refers to the inventor or all of the joint inventors, or to
 the person applying for a patent as provided in §§ 1.43 , 1.45 , or 1.46 .
 

 (b) If a person is applying for a patent as
 provided in § 1.46 , the word
 “applicant” refers to the assignee, the person to whom the inventor
 is under an obligation to assign the invention, or the person who
 otherwise shows sufficient proprietary interest in the matter, who
 is applying for a patent under § 1.46 and not the inventor.
 

 (c) If fewer than all joint inventors are
 applying for a patent as provided in § 1.45 , the phrase “the applicant” means the
 joint inventors who are applying for the patent without the omitted
 inventor(s).
 

 
 *****

 

 
 37 CFR 1.43 Application for patent by a legal representative of a deceased or
 legally incapacitated inventor. 

 [Editor Note: Applicable to patent
 applications filed under 35 U.S.C. 111(a) or
 363 on or after September 16, 2012]
 

 If an inventor is deceased or under legal
 incapacity, the legal representative of the inventor may make an application
 for patent on behalf of the inventor. If an inventor dies during the time
 intervening between the filing of the application and the granting of a
 patent thereon, the letters patent may be issued to the legal representative
 upon proper intervention. See § 1.64 concerning the
 execution of a substitute statement by a legal representative in lieu of an
 oath or declaration.
 

 

 
 37 CFR 1.45 Application for patent by joint inventors. 

 [Editor Note: Applicable to patent
 applications filed under 35 U.S.C. 111(a) or
 363 on or after September 16, 2012]
 

 
 (a) Joint inventors must apply for a patent
 jointly, and each must make an inventor’s oath or declaration as
 required by § 1.63 , except as
 provided for in § 1.64 . If a
 joint inventor refuses to join in an application for patent or
 cannot be found or reached after diligent effort, the other joint
 inventor or inventors may make the application for patent on behalf
 of themselves and the omitted inventor. See § 1.64 concerning the execution of a
 substitute statement by the other joint inventor or inventors in
 lieu of an oath or declaration.
 

 (b) Inventors may apply for a patent
 jointly even though:
 
 (1) They did not physically work
 together or at the same time;
 

 
 
 (2) Each inventor did not make the
 same type or amount of contribution; or
 

 
 
 (3) Each inventor did not make a
 contribution to the subject matter of every claim of the
 application.
 

 
 

 (c) If multiple inventors are named in a
 nonprovisional application, each named inventor must have made a
 contribution, individually or jointly, to the subject matter of at
 least one claim of the application and the application will be
 considered to be a joint application under 35 U.S.C.
 116 . If multiple inventors are named in a
 provisional application, each named inventor must have made a
 contribution, individually or jointly, to the subject matter
 disclosed in the provisional application and the provisional
 application will be considered to be a joint application under
 35 U.S.C.
 116 .
 

 
 

 

 
 37 CFR 1.46 Application for patent by an assignee, obligated assignee, or a
 person who otherwise shows sufficient proprietary interest in the
 matter. 

 [Editor Note: Applicable to patent
 applications filed under 35 U.S.C. 111(a) or
 363 on or after September 16, 2012]
 

 
 (a) A person to whom the inventor has
 assigned or is under an obligation to assign the invention may make
 an application for patent. A person who otherwise shows sufficient
 proprietary interest in the matter may make an application for
 patent on behalf of and as agent for the inventor on proof of the
 pertinent facts and a showing that such action is appropriate to
 preserve the rights of the parties.
 

 (b) If an application under
 35 U.S.C. 111 
 is made by a person other than the inventor under paragraph (a) of
 this section, the application must contain an application data sheet
 under § 1.76 specifying
 in the applicant information section (§ 1.76(b)(7) ) the assignee, person to whom the
 inventor is under an obligation to assign the invention, or person
 who otherwise shows sufficient proprietary interest in the matter.
 If an application entering the national stage under
 35 U.S.C. 371 ,
 or a nonprovisional international design application, is applied for
 by a person other than the inventor under paragraph (a) of this
 section, the assignee, person to whom the inventor is under an
 obligation to assign the invention, or person who otherwise shows
 sufficient proprietary interest in the matter must have been
 identified as the applicant for the United States in the
 international stage of the international application or as the
 applicant in the publication of the international registration under
 Hague Agreement Article 10(3).
 
 (1) If the applicant is the
 assignee or a person to whom the inventor is under an
 obligation to assign the invention, documentary evidence of
 ownership (e.g., assignment for an assignee, employment
 agreement for a person to whom the inventor is under an
 obligation to assign the invention) should be recorded as
 provided for in part 3 of this chapter no later than the
 date the issue fee is paid in the application.
 

 
 
 (2) If the applicant is a person
 who otherwise shows sufficient proprietary interest in the
 matter, such applicant must submit a petition including:
 
 (i) The fee set forth in §
 1.17(g) ;
 

 
 
 (ii) A showing that such
 person has sufficient proprietary interest in the
 matter; and
 

 
 
 (iii) A statement that
 making the application for patent by a person who
 otherwise shows sufficient proprietary interest in
 the matter on behalf of and as agent for the
 inventor is appropriate to preserve the rights of
 the parties.
 

 
 

 
 

 (c)
 
 (1) Correction or update
 in the name of the applicant. Any request to
 correct or update the name of the applicant under this
 section must include an application data sheet under §
 1.76 
 specifying the correct or updated name of the applicant in
 the applicant information section (§ 1.76(b)(7) ) in accordance with §
 1.76(c)(2) . A change in the name of
 the applicant recorded pursuant to Hague Agreement Article
 16(1)(ii) will be effective to change the name of the
 applicant in a nonprovisional international design
 application.
 

 (2) Change in the
 applicant. Any request to change the applicant
 under this section after an original applicant has been
 specified must include an application data sheet under §
 1.76 
 specifying the applicant in the applicant information
 section (§ 1.76(b)(7) ) in accordance with §
 1.76(c)(2) and comply with §§
 3.71 
 and 3.73 of
 this title.
 

 
 

 
 *****

 

 In general, for U.S. national stage applications
 having an international filing date prior to September 16, 2012, the inventors
 are required to be the applicants. The America Invents Act (AIA) amended 35
 U.S.C. 118 to expand who may be an applicant in patent applications.
 Consequently, for national stage applications having an international filing
 date on or after September 16, 2012, the applicant may be: (a) the inventor(s);
 (b) the legal representative of a deceased or legally incapacitated inventor;
 (c) the assignee; (d) the obligated assignee (i.e., a person to whom the
 inventor is under an obligation to assign the invention); or (e) a person who
 otherwise shows proprietary interest in the application. See 37 CFR
 1.42 , 1.43 , 1.45 ,
 and 1.46 .
 

 For national stage applications having an
 international filing date on or after September 16, 2012, the person identified
 in the international stage as the applicant for the United States will normally
 be considered the applicant for the U.S. national stage application. See
 37 CFR 1.46(b) . 
 

 Where the applicant is a person who otherwise shows
 sufficient proprietary interest in the matter, such applicant must submit a
 petition including: the fee set forth in 37 CFR
 1.17(g) , a showing that such person has sufficient
 proprietary interest in the matter, and a statement that making the application
 for patent by a person who otherwise shows sufficient proprietary interest in
 the matter on behalf of and as agent for the inventor is appropriate to preserve
 the rights of the parties. See 37 CFR 1.46(b)(2) .
 

 The name of the applicant may be corrected or
 updated, or the applicant may be changed, in accordance with the procedure set
 forth in 37 CFR 1.46(c) . A request
 to change the applicant under 37 CFR 1.46(c)(2) must
 include an ADS specifying the corrected applicant and a statement under
 37 CFR
 3.73 . The 37 CFR 3.73 statement must
 be furnished before or concurrently with the ADS specifying the corrected
 applicant.
 

 

 
 1893.01(c) Fees [R-01.2024]

 Because the national stage fees are subject to change,
 applicants and examiners should always consult the Official
 Gazette for the current fee listing. 
 

 The basic national fee must be paid prior to the expiration of
 30 months from the priority date to avoid abandonment of the international
 application as to the United States. This time period is not extendable.
 37 CFR
 1.495(a) - (b) . This is distinguished from U.S. national
 application filings under 35 U.S.C. 111(a) in which
 the basic filing fee due on filing may be later accepted with a surcharge.
 Accordingly, in situations in which a payment of fees has been made in a
 national stage application prior to the expiration of 30 months from the
 priority date, but the applicant has not specified a sufficient amount for the
 payment of the basic national fee, the Office will apply the payment first to
 the basic national fee regardless of whether the applicant specified the fees to
 which the payment is to be applied.
 

 Fees under 37 CFR 1.16 relate to
 national applications under 35 U.S.C. 111(a) , and not
 to international applications entering the national stage under
 35 U.S.C.
 371 . National stage fees are specifically provided for in
 37 CFR
 1.492 . However, an authorization to charge fees under
 37 CFR
 1.16 in an international application entering the
 national stage under 35 U.S.C. 371 will be
 treated as an authorization to charge fees under 37 CFR
 1.492 . See 37 CFR 1.25(b) .
 Accordingly, applications will not be held abandoned if an authorization to
 charge fees under 37 CFR 1.16 has been
 provided instead of an authorization to charge fees under 37 CFR
 1.492 .
 

 A preliminary amendment accompanying the initial national stage
 submission under 35 U.S.C. 371 that is
 effective to cancel claims and/or eliminate multiple dependent claims will be
 effective to reduce the number of claims to be considered in calculating extra
 claim fees required under 37 CFR 1.492(d) - (e)
 and/or eliminate the multiple dependent claim fee required under
 37 CFR
 1.492(f) . A subsequently filed amendment canceling claims
 and/or eliminating multiple dependent claims will not entitle applicant to a
 refund of fees previously paid. See MPEP §§ 607 and
 608 . 
 

 The application size fee for a national stage application
 ( 37 CFR
 1.492(j) ) is determined on the basis of the international
 application as published by WIPO pursuant to PCT Article 21 .
 Specifically, the application size fee is calculated on the basis of the number
 of sheets of specification (including the description, claims, abstract, and, if
 present, a sequence listing in portable document format (PDF)) and drawings
 present in the published international application. This calculation is made
 without regard to the language of publication. Certain other sheets typically
 present in the international publication are not taken into account in
 determining the application size fee, e.g., Article 19 
 amendments/statement, the international search report, and any additional
 bibliographic sheets (other than the cover sheet containing the abstract). Nor
 are Article
 34 amendments or preliminary amendments taken into
 account in determining the application size fee.
 

 The processing fee set forth in 37 CFR
 1.492(i) will be required for acceptance of an English
 translation of the international application later than the expiration of thirty
 months after the priority date, and the surcharge fee set forth in
 37 CFR
 1.492(h) will be required for acceptance of any of the
 search fee, examination fee, or inventor’s oath or declaration after the date of
 commencement. 37 CFR 1.495(c)(4) .
 

 

 
 1893.01(d) Translation [R-07.2022]

 Applicants entering the national stage in the U.S. are required
 to file an English translation of the international application if the
 international application was filed in another language and was not published
 under PCT
 Article 21(2) in English. 35 U.S.C.
 371(c)(2) and 37 CFR 1.495(c) . For
 international applications having an international filing date on or after July
 1, 2022, an English translation is required for any sequence listing in XML
 format (“Sequence Listing XML”) containing non-English language values for any
 language-dependent free text qualifiers in accordance with 37 CFR
 1.831 through 1.834 . For international applications having an
 international filing date before July 1, 2022, a sequence listing need not be
 translated if the sequence listing complies with PCT Rule
 12.1(d) and the description complies with
 PCT Rule
 5.2(b) . See 37 CFR 1.495(c) . The
 translation must be a translation of the international application as filed or
 with any changes which have been properly accepted under PCT Rule
 26 or any rectifications which have been properly
 accepted under PCT Rule 91 . A translation of less than all of the
 international application (e.g., a translation that fails to include a
 translation of text contained in the drawings or a translation that includes a
 translation of claims amended under PCT Article 19 or
 34 but does not include a translation of the original
 claims) is unacceptable. In addition, a translation that includes modifications
 other than changes that have been properly accepted under PCT Rule
 26 or 91 (e.g., a translation
 that includes headings that were not present in the international application as
 originally filed) is unacceptable. A translation of words contained in the
 drawings must be furnished either in the form of new drawings or in the form of
 a copy of the original drawings with the translation pasted on the original text
 matter. See PCT Rule 49.5(d) . 
 

 Amendments, even those considered to be minor or to not include
 new matter, may not be incorporated into the translation. If an amendment to the
 international application as filed is desired for the national stage, it may be
 submitted in accordance with 37 CFR 1.121 . An amendment
 filed under 37
 CFR 1.121 should be submitted within 3 months from the
 date the national stage is entered as set forth 37 CFR
 1.491 . See 37 CFR 1.115(b)(3)(iii) . 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. The time period may be extended for up to five
 additional months as provided in 37 CFR 1.136(a). A
 processing fee is required for accepting a translation after 30 months from the
 priority date. See 37 CFR 1.492(i) . 
 

 Pursuant to PCT Rule 48.3(c) , if the
 international application is published in a language other than English, the
 publication shall include an English translation of the title of the invention,
 the abstract, and any text matter pertaining to the figure or figures
 accompanying the abstract. The translations shall be prepared under the
 responsibility of the International Bureau.
 

 A translation of the international application as filed and
 identified as provided in 37 CFR 1.417 submitted for
 the purpose of obtaining provisional rights pursuant to 35 U.S.C.
 154(d)(4) can be relied on to fulfill the translation
 requirement under 35 U.S.C. 371(c)(2) in a
 national stage application.
 

 

 
 1893.01(e) Inventor’s Oath or Declaration [R-07.2022]

 
 35 U.S.C. 371 
 National stage: Commencement. 

 *****

 
 (c) The applicant shall file in the Patent
 and Trademark Office –
 
 *****

 (4) an oath or declaration of the
 inventor (or other person authorized under chapter 11 ) complying with the
 requirements of section 115 and with regulations prescribed
 for oaths or declarations of applicants;
 

 
 

 
 *****

 

 Pursuant to 35 U.S.C. 371(c)(4) , the
 applicant for a national stage application is required to file an oath or
 declaration of the inventor (or other person authorized under 35 U.S.C. chapter
 11) complying with the requirements of 35 U.S.C. 115 and with
 regulations prescribed for oaths or declarations of applicants. The America
 Invents Act (AIA) amended 35 U.S.C. 115 with effect
 for applications filed on or after September 16, 2012. As a consequence of this
 change, the oath or declaration requirements for a national stage application
 differ depending on the international filing date of the national stage
 application, as set forth below. 
 

 I. NATIONAL STAGE APPLICATIONS HAVING AN INTERNATIONAL FILING DATE ON OR
 AFTER SEPTEMBER 16, 2012 
 37 CFR 1.41 Inventorship 

 [Editor Note: Applicable to patent
 applications filed under 35 U.S.C. 111(a) or
 363 on or after September 16, 2012]
 

 *****

 
 (e) The inventorship of an
 international application entering the national stage under
 35 U.S.C.
 371 is the inventor or joint inventors
 set forth in the application data sheet in accordance with §
 1.76 filed
 with the initial submission under 35 U.S.C.
 371 . Unless the initial submission under
 35 U.S.C.
 371 is accompanied by an application data
 sheet in accordance with § 1.76 setting forth the inventor or joint
 inventors, the inventorship is the inventor or joint inventors
 set forth in the international application, which includes any
 change effected under PCT Rule 92bis. 

 
 *****

 

 
 37 CFR 1.497 Inventor’s oath or declaration under 35 U.S.C. 371(c)(4). 

 [Editor Note: Applicable to patent
 applications filed under 35 U.S.C. 363 on or
 after September 16, 2012]
 

 
 (a) When an applicant of an international
 application desires to enter the national stage under
 35 U.S.C. 371 
 pursuant to § 1.495 , and a
 declaration in compliance with § 1.63 has not been previously submitted in
 the international application under PCT Rule
 4.17(iv) within the time limits provided for
 in PCT Rule 26ter.1 , the
 applicant must file the inventor’s oath or declaration. The
 inventor, or each individual who is a joint inventor of a claimed
 invention, in an application for patent must execute an oath or
 declaration in accordance with the conditions and requirements of §
 1.63 , except as
 provided for in § 1.64 .
 

 (b) An oath or declaration under §
 1.63 will be
 accepted as complying with 35 U.S.C.
 371(c)(4) if it complies with the
 requirements of §§ 1.63(a) , (c)
 and (g). A substitute statement under § 1.64 will be accepted as complying with
 35 U.S.C.
 371(c)(4) if it complies with the
 requirements of §§ 1.64(b)(1) , (c)
 and (e) and identifies the person executing the substitute
 statement. If a newly executed inventor’s oath or declaration under
 § 1.63 or
 substitute statement under § 1.64 is not
 required pursuant to § 1.63(d) ,
 submission of the copy of the previously executed oath, declaration,
 or substitute statement under § 1.63(d)(1) is required to comply with
 35 U.S.C.
 371(c)(4) .
 

 (c) If an oath or declaration under §
 1.63 , or
 substitute statement under § 1.64 , meeting
 the requirements of § 1.497(b) does
 not also meet the requirements of § 1.63 or § 1.64 , an oath, declaration, substitute
 statement, or application data sheet in accordance with §
 1.76 to comply
 with § 1.63 or §
 1.64 will be
 required.
 

 
 

 Applicants entering the national stage under
 35 U.S.C.
 371 for an international application having an
 international filing date on or after September 16, 2012 are required to file an
 inventor’s oath or declaration in accordance with 37 CFR
 1.497 unless a declaration in compliance with
 37 CFR
 1.63 was previously submitted in the international phase
 under PCT Rule
 4.17(iv) within the time limits provided for in
 PCT Rule
 26ter.1 .
 

 The inventor’s oath or declaration will be
 accepted as complying with 35 U.S.C. 371(c)(4) if it
 complies with the minimum requirements set forth in 37 CFR
 1.497(b) . However, if the inventor’s oath or declaration
 does not satisfy all the requirements of 37 CFR 1.63 or
 1.64 , the applicant will be required to comply with the
 outstanding requirements. See 37 CFR 1.497(c) .
 

 The filing of the inventor’s oath or declaration
 may be postponed until the application is otherwise in condition for allowance
 if applicant submits an application data sheet in accordance with
 37 CFR
 1.76 identifying each inventor by his or her legal name,
 the mailing address where each inventor customarily receives mail, and the
 residence of each inventor, if the inventor lives at a location which is
 different from where the inventor customarily receives mail. See
 37 CFR 1.495(c)(3) . Postponement of the filing of the
 inventor’s oath or declaration pursuant to 37 CFR
 1.495(c) will not postpone the requirement to pay the
 surcharge fee under 37 CFR 1.492(h) for filing
 the inventor’s oath or declaration after the date of commencement. As discussed
 in MPEP §
 706.07(h) , subsection I, notwithstanding
 37 CFR 1.495(c)(3) permitting postponement, all required
 inventor’s oaths or declarations (or substitute statements) must be filed prior
 to or with a request for continued examination (RCE) under 37 CFR
 1.114 . Early national stage entry under 35 U.S.C.
 371(f) also requires the submission of the oath or
 declaration required by 35 U.S.C. 371(c)(4) and
 submission also may not be postponed in this situation.
 

 If the basic national fee and copy of the
 international application have been received by the expiration of 30 months from
 the priority date, but applicant has not submitted 1) the required inventor’s
 oath or declaration, or 2) an application data sheet in compliance with
 37 CFR 1.495(c)(3) , the Office will send applicant a
 Notification of Missing Requirements (Form PCT/DO/EO/905) setting a time period
 to submit the required inventor’s oath or declaration or application data sheet
 and surcharge fee under 37 CFR 1.492(h) unless
 previously paid. Failure to timely file the required reply will result in
 abandonment of the application.
 

 The inventor’s oath or declaration must be
 executed by each inventor, except as provided under 37 CFR
 1.64 . The inventorship of an international application
 entering the national stage under 35 U.S.C. 371 having an
 international filing date on or after September 16, 2012, is the inventor or
 joint inventors set forth in an application data sheet in accordance with
 37 CFR
 1.76 accompanying the initial submission under
 35 U.S.C.
 371 . If the initial submission under 35 U.S.C.
 371 is not accompanied by an application data sheet in
 accordance with 37 CFR 1.76 , the
 inventorship is the inventor or joint inventors set forth in the international
 application, which includes any change effected under PCT Rule
 92bis . See 37 CFR 1.41(e) .
 Inventorship may be corrected under the procedure set forth in 37 CFR
 1.48(a) . The name of an inventor may be corrected or
 updated under the procedure set forth in 37 CFR 1.48(f) .
 

 If the inventor is deceased, is under legal
 incapacity, has refused to execute the oath or declaration under
 37 CFR
 1.63 , or cannot be found or reached after diligent
 effort, the applicant under 37 CFR 1.43 ,
 1.45 or 1.46 may execute a
 substitute statement under 1.64 in lieu of an oath or
 declaration under 37 CFR 1.63 .
 

 II. NATIONAL STAGE APPLICATIONS HAVING AN INTERNATIONAL FILING DATE
 BEFORE SEPTEMBER 16, 2012 
 37 CFR 1.41 (pre-AIA) Applicant for Patent 

 [Editor Note: Applicable to patent
 applications filed under 35 U.S.C. 111(a) or
 363 prior to September 16, 2012]
 

 *****

 
 (a) 
 
 *****

 (4) The inventorship of an
 international application entering the national stage
 under 35 U.S.C.
 371 is that inventorship set
 forth in the international application, which includes
 any change effected under PCT
 Rule 92bis . See § 1.497(d) and (f) for filing
 an oath or declaration naming an inventive entity
 different from the inventive entity named in the
 international application, or if a change to the
 inventive entity has been effected under
 PCT Rule
 92bis subsequent to the execution of any
 declaration filed under PCT
 Rule 4.17(iv) (§ 1.48(f)(1) does
 not apply to an international application entering the
 national stage under 35 U.S.C.
 371 ).
 

 
 

 
 *****

 

 
 37 CFR 1.497 (pre-AIA) Oath or declaration under 35 U.S.C. 371(c)(4). 

 [Editor Note: Applicable to patent applications
 filed under 35 U.S.C. 363 prior to
 September 16, 2012]
 

 
 (a) When an applicant of an international application
 desires to enter the national stage under 35 U.S.C.
 371 pursuant to § 1.495 , and a declaration in compliance with
 this section has not been previously submitted in the international
 application under PCT Rule
 4.17(iv) within the time limits provided for
 in PCT Rule 26 ter.1 , he or
 she must file an oath or declaration that: 
 
 (1) Is executed in accordance with either §§ 
 1.66 or
 1.68 ;
 
 

 (2) Identifies the specification to which it is
 directed;
 

 (3) Identifies each inventor and the country of
 citizenship of each inventor; and
 

 (4) States that the person making the oath or
 declaration believes the named inventor or inventors to be
 the original and first inventor or inventors of the subject
 matter which is claimed and for which a patent is
 sought.
 

 
 

 (b) 
 
 (1) The oath or declaration must be made by all
 of the actual inventors except as provided for in
 §§ 1.42 , 1.43 or 1.47 . 
 

 (2) If the person making the oath or
 declaration or any supplemental oath or declaration is not
 the inventor (§§ 1.42 ,
 1.43 ,
 or § 1.47 ),
 the oath or declaration shall state the relationship of the
 person to the inventor, and, upon information and belief,
 the facts which the inventor would have been required to
 state. If the person signing the oath or declaration is the
 legal representative of a deceased inventor, the oath or
 declaration shall also state that the person is a legal
 representative and the citizenship, residence and mailing
 address of the legal representative. 
 

 
 

 (c) Subject to paragraph (f) of this section, if the
 oath or declaration meets the requirements of paragraphs (a) and (b)
 of this section, the oath or declaration will be accepted as
 complying with 35 U.S.C.
 371(c)(4) and § 1.495(c) . However, if the oath or
 declaration does not also meet the requirements of
 § 1.63 , a
 supplemental oath or declaration in compliance with
 § 1.63 or an
 application data sheet will be required in accordance with §
 1.67 . 
 

 (d) If the oath or declaration filed pursuant
 to 35 U.S.C.
 371(c)(4) and this section names an inventive
 entity different from the inventive entity set forth in the
 international application, or if a change to the inventive entity
 has been effected under PCT Rule 92bis subsequent to the execution of any oath or
 declaration which was filed in the application under
 PCT Rule
 4.17(iv) or this section and the inventive
 entity thus changed is different from the inventive entity
 identified in any such oath or declaration, applicant must submit: 
 
 (1) A statement from each person being added as
 an inventor and from each person being deleted as an
 inventor that any error in inventorship in the international
 application occurred without deceptive intention on his or
 her part;
 

 (2) The processing fee set forth in §
 1.17(i) ; and 
 

 (3) If an assignment has been executed by any
 of the original named inventors, the written consent of the
 assignee (see § 3.73(b) 
 of this chapter); and 
 

 (4) Any new oath or declaration required by
 paragraph (f) of this section.
 

 
 

 (e) The Office may require such other information as may
 be deemed appropriate under the particular circumstances surrounding
 the correction of inventorship.
 

 (f) A new oath or declaration in accordance with this
 section must be filed to satisfy 35 U.S.C.
 371(c)(4) if the declaration was filed under
 PCT Rule
 4.17(iv) , and:
 
 (1) There was a change in the international
 filing date pursuant to PCT Rule
 20.5(c) after the declaration was
 executed; or 
 

 (2) A change in the inventive entity was
 effected under PCT Rule
 92bis after
 the declaration was executed and no declaration which sets
 forth and is executed by the inventive entity as so changed
 has been filed in the application.
 

 
 

 (g) If a priority claim has been corrected or added
 pursuant to PCT Rule 26
 bis during the
 international stage after the declaration of inventorship was
 executed in the international application under PCT Rule
 4.17(iv) , applicant will be required to
 submit either a new oath or declaration or an application data sheet
 as set forth in § 1.76 correctly
 identifying the application upon which priority is claimed. 
 

 
 

 Applicants entering the national stage under 35 U.S.C.
 371 for an international application having an
 international filing date prior to September 16, 2012 are required to file an
 oath or declaration of the inventor in accordance with pre-AIA 37 CFR 1.497(a) and
 (b) . If the basic national fee and copy of the
 international application have been received by the expiration of 30 months from
 the priority date, but the required oath or declaration has not been filed, the
 Office will send applicant a Notification of Missing Requirements (Form
 PCT/DO/EO/905) setting a time period to correct any missing or defective
 requirements and to submit the surcharge fee required under 37 CFR
 1.492(h) unless previously paid. Failure to timely file
 the required oath or declaration will result in abandonment of the application. 
 

 An oath or declaration satisfying the requirements of
 pre-AIA 37
 CFR 1.497(a) - (b) will be sufficient for the purposes of
 entering the U.S. national phase. However, if the oath or declaration fails to
 also comply with the additional requirements for oaths and declarations set
 forth in 37 CFR 1.63 , applicants will need to submit a
 supplemental oath or declaration, or an application data sheet where permitted
 under 37
 CFR 1.63(c) , to correct the deficiency. See
 37 CFR
 1.497(c) . 
 

 In general, the requirement for an oath or declaration in
 compliance with 37 CFR 1.497(a) - (b) will
 have been previously satisfied if a declaration in compliance with
 PCT Rule
 4.17(iv) executed by all the inventors was submitted
 within the time limits provided in PCT Rule
 26ter.1 in the international phase.
 However, if the inventorship was changed in the international application under
 PCT Rule
 92bis such that the inventorship identified in the
 PCT Rule
 4.17(iv) declaration no longer corresponds to that of the
 international application (see pre-AIA 37 CFR 1.41(a)(4) ),
 then a new oath or declaration in accordance with 37 CFR 1.497(a) -
 (b) may be required to enter the national stage. See
 pre-AIA 37
 CFR 1.497(f)(2) . Similarly, a new oath or declaration in
 compliance with 37 CFR 1.497(a) - (b) is
 required where the PCT Rule 4.17(iv) declaration was executed prior to a change
 in the international filing date pursuant to PCT Rule 20.5(c) . See
 pre-AIA 37
 CFR 1.497(f)(1) . In addition, where a priority claim has
 been corrected or added pursuant to PCT Rule 26.2bis after execution of the PCT Rule 4.17(iv) 
 declaration, then a supplemental oath or declaration, or an application data
 sheet, identifying the correct priority claim will be required. See
 pre-AIA 37
 CFR 1.497(g) . 
 

 The inventorship of an international application entering the
 national stage under 35 U.S.C. 371 having an
 international filing date before September 16, 2012 is that inventorship set
 forth in the international application, which includes any changes effected
 under PCT Rule
 92bis . See pre-AIA 37 CFR
 1.41(a)(4) . Accordingly, an oath or declaration that
 names an inventive entity different than that set forth in the international
 application will not be accepted for purposes of entering the U.S. national
 phase unless the inventorship is corrected. See the procedures set forth in
 pre-AIA 37
 CFR 1.497(d) and 37 CFR 1.48(a) for
 correcting inventorship. If an inventor refuses to execute the oath or
 declaration or cannot be found or reached after diligent effort, applicant may
 file an oath or declaration and a petition in accordance with pre-AIA 37 CFR
 1.47 . Similarly, where an inventor is deceased or legally
 incapacitated, an oath or declaration may be made in accordance with the
 provisions of pre-AIA 37 CFR 1.42 or 1.43 . See
 pre-AIA 37
 CFR 1.497(b) . 
 

 Where there has been no change of inventorship but there is a
 discrepancy between the name of an inventor as indicated in the international
 application during the international phase and the corresponding name indicated
 in an oath or declaration submitted under 37 CFR
 1.497 , correction will be required to accept the oath or
 declaration with the different name. Effective September 16, 2012, the procedure
 set forth in 37 CFR 1.48(f) may be used to correct or update the name
 of an inventor in a nonprovisional application. In applications where the
 procedure under 37 CFR 1.48(f) is not
 available, correction may be made by way of petition under 37 CFR
 1.182 to accept the oath or declaration with the
 different name. 
 

 

 

 
 1893.02 Abandonment [R-07.2022]

 If the requirements for the submission of the basic national fee
 and a copy of the international application (if necessary) prior to the expiration
 of 30 months from the priority date are not satisfied, then the international
 application becomes abandoned as to the United States. 37 CFR
 1.495(h) . Should online filing and/or fee payment via the
 USPTO patent electronic filing system become unavailable due to a system outage,
 applicant may need to use an alternative filing method such as hand-delivery to the
 USPTO or the Priority Mail Express® service of the United States Postal Service
 (USPS) in accordance with 37 CFR 1.10 to meet the
 requirements of 37 CFR 1.495(b) . For more
 information about filing via the USPTO patent electronic filing system, see the
 Legal Framework for Patent Electronic System available from www.uspto.gov/patents/apply/filing-online/
 legal-framework-efs-web .
 

 If the requirements under 37 CFR
 1.495(b) are timely met, but the requirements under
 37 CFR
 1.495(c) for an English translation of the international
 application, oath/declaration, search fee, examination fee and application size fee
 are not met within a time period set in a notice provided by the Office, then the
 application will become abandoned upon expiration of the time period set in the
 notice. See 37 CFR
 1.495(c)(2) .
 

 Examiners and applicants should be aware that sometimes papers filed
 for the national stage are deficient and abandonment results. For example, if the
 fee submitted does not include at least the amount of the basic national fee that is
 due, the application becomes abandoned.
 

 Applicant may file a petition to revive an abandoned application in
 accordance with the provisions of 37 CFR 1.137 . See
 MPEP §
 711.03(c) . For applicant’s convenience, applicant may use
 Form PTO/SB/64PCT for this purpose. This form is available online at www.uspto.gov/patent/
 patents-forms .
 

 

 
 1893.03 Prosecution of U.S. National Stage Applications Before the
 Examiner [R-07.2015]
 

 
 37 CFR 1.496 Examination of international applications in the national
 stage. 

 National stage applications having paid therein the
 search fee as set forth in § 1.492(b)(1) and examination
 fee as set forth in § 1.492(c)(1) may be amended
 subsequent to the date of commencement of national stage processing only to the
 extent necessary to eliminate objections as to form or to cancel rejected
 claims. Such national stage applications will be advanced out of turn for
 examination.
 

 

 An international application which enters the national stage will be
 forwarded to the appropriate Technology Center (TC) for examination in turn based on
 the date of entry into the national stage. See MPEP §
 1893.01(a) . This is commonly referred to as the “35
 U.S.C. 371(c)” date of the application.
 

 If an international preliminary examination report
 (IPER) prepared by the United States International Preliminary Examining Authority
 or a written opinion on the international application prepared by the United States
 International Searching Authority states that the criteria of novelty, inventive
 step (non-obviousness), and industrial applicability, as defined in
 PCT Article
 33(1) - (4) have been satisfied for all of the claims
 presented in the application entering the national stage, the national stage search
 fee is reduced and the national stage examination fee is reduced. See
 37 CFR
 1.492(b)(1) and 37 CFR 1.492(c)(1) . Such
 applications may be amended only to the extent necessary to eliminate objections as
 to form or cancel rejected claims, and they will be advanced out of turn for
 examination. See MPEP
 § 708 for a discussion of the order of examination of
 applications by examiners.
 

 Once the national stage application has been taken up by the
 examiner, prosecution proceeds in the same manner as for a domestic application with
 the exceptions that:
 

 
 (A) the international filing date (or, if appropriate, the
 priority date) is the date to keep in mind when searching the prior art;
 and
 

 (B) unity of invention proceeds as under 37 CFR
 1.475 . 
 

 
 
 1893.03(a) How To Identify That an Application Is a U.S. National
 Stage Application [R-01.2024]
 

 Applicant’s initial submission under 35 U.S.C.
 371 must be identified as a submission to enter the
 national stage under 35 U.S.C. 371. See
 37 CFR
 1.495(g) . If the initial submission does not include any
 indication that the submission is made under 35 U.S.C. 371 , the
 application will be treated as an application filed under 35 U.S.C.
 111(a) (unless the submission is clearly identified as a
 submission pursuant to 35 U.S.C. 154(d)(4) for the
 purpose of obtaining provisional rights). See 37 CFR
 1.417 . Thus, if applicant wishes the application to be
 treated as a filing under 35 U.S.C. 111(a) , the
 originally filed application papers need indicate simply that the papers are for
 a new U.S. patent application. If, however, applicant is submitting papers for
 entry into the national stage of a PCT application, or to establish an effective
 date for provisional rights resulting from the filing of a PCT application under
 35 U.S.C.
 154(d) , applicant must so state.
 

 When filing an application via the USPTO patent electronic
 filing system, the “File new submission” screen allows the user to select the
 type of filing being made, e.g., “Utility Nonprovisional” or “371 National
 Stage.” Selecting “371 National Stage” as the type of filing on this screen will
 serve to identify the submission as a national stage submission under
 35 U.S.C.
 371 . Applicants seeking to enter the national stage are
 also advised to use transmittal Form PTO-1390, as this form clearly indicates
 that the submission is under 35 U.S.C. 371 . The
 inclusion with the initial application submission of an inventor’s oath or
 declaration identifying the international application by international
 application number as the application to which the oath or declaration is
 directed is considered an indication that the application was submitted under
 35 U.S.C.
 371 . However, claiming priority of an international
 application in an oath or declaration will not serve to indicate a submission
 under 35
 U.S.C. 371 . 
 

 Examination of the original application papers occurs in the
 Office of Patent Application Processing (OPAP) where it is determined whether
 applicant has asked that the papers be treated as a submission to enter the
 national stage under 35 U.S.C. 371 . If the
 application is accepted for entry into the national stage, the file wrapper will
 contain a “NOTICE OF ACCEPTANCE OF APPLICATION UNDER 35 U.S.C. 371 AND 37 CFR
 1.495” (Form PCT/DO/EO/903) indicating acceptance of the application as a
 national stage submission under 35 U.S.C. 371 . Patent Data
 Portal records will indicate that the application is a national stage entry of
 the PCT application (e.g., under “Continuity & foreign data”). Initially,
 the examiner should check the application file for the presence of Form
 PCT/DO/EO/903 and review the bib-data sheet for an indication that the
 application is a national stage entry (371) of the PCT application. If neither
 of these indications are present, in the absence of evidence to the contrary
 (i.e., an indication in the originally filed application papers that processing
 as a national stage is desired), the application may be treated as a filing
 under 35
 U.S.C. 111(a) . If both indications are present, the
 application should be treated as a submission under 35 U.S.C.
 371 . 
 

 The examiner is advised to consult the International Patent
 Legal Administration if there is any question as to whether the application
 should be treated under 35 U.S.C. 111(a) or 371. 
 

 CONFLICTING INSTRUCTIONS Where applicant’s initial submission under
 35
 U.S.C. 371 contains conflicting instructions as to
 whether the filing is under 35 U.S.C. 111(a) or
 35
 U.S.C. 371 , the application will be treated in
 accordance with 37 CFR 1.495(g) . Note
 that 37 CFR 1.495(g) in effect prior to September 16, 2012, provided that an
 application submission containing conflicting instructions as to treatment
 under 35
 U.S.C. 371 or 111(a) was to be treated under 35 U.S.C.
 111(a) . However, 37 CFR
 1.495(g) was amended with effect on September 16,
 2012 to provide that conflicting indications will result in the application
 being treated as a national stage submission under 35 U.S.C.
 371 .
 

 A conflicting instruction will be present, for
 example, where applicant, in the initial submission under 35 U.S.C.
 371 , selects “Utility Nonprovisional” as the new
 submission type when submitting the application in the USPTO patent
 electronic filing system, includes a “Utility Patent Application
 Transmittal” (Form PTO/AIA/15 or PTO/SB/05), or includes a benefit claim
 under 35 U.S.C. 120 to the international application. As
 additional examples, a conflicting instruction will be present where
 applicant includes in an initial filing under 35 U.S.C.
 111(a) a “Transmittal Letter To The United States
 Designated/Elected Office (DO/EO/US) Concerning A Submission Under
 35
 U.S.C. 371 ” (Form PTO-1390) or an indication (for
 example, on the application data sheet) that the application is the national
 stage (or 371) of an international application.
 

 The examiner is advised to contact the
 International Patent Legal Administration if there is any question as to
 whether an application has been properly treated, or should have been
 treated, as a national stage application under 35 U.S.C.
 371 .
 

 

 
 1893.03(b) The Filing Date of a U.S. National Stage
 Application [R-01.2024]
 

 An international application designating the U.S. has two
 stages (international and national) with the filing date being the same in both
 stages. Often the date of entry into the national stage is confused with the
 filing date. It should be borne in mind that the filing date of the
 international stage application is also the filing date for the national stage
 application. Specifically, 35 U.S.C. 363 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.
 

 
 Similarly, PCT Article 11(3) provides
 that 
 

 
 ...an international filing date shall have the effect of a
 regular national application in each designated State as of the
 international filing date, which date shall be considered to be the actual
 filing date in each designated State.
 

 
 National stage applications are ordinarily taken
 up for action based on the date of entry into the national phase. See
 MPEP §
 1893.01 regarding entry into the national stage.
 Because the date of entry is dependent upon receipt of certain items required
 under 35
 U.S.C. 371(c) , this date is also referred to as the
 “371(c) date.” The 371(c) date, not the
 international filing date, is the date that appears in the “Filing or 371(c)
 Date” box on the filing receipt and the application data sections of the Patent
 Data Portal and the USPTO patent electronic filing system.
 

 The NOTICE OF ACCEPTANCE OF APPLICATION UNDER 35
 U.S.C. 371 AND 37 CFR 1.495 (Form PCT/DO/EO/903) indicates the 371(c) 
 date of the national stage application. Because of changes implemented pursuant
 to the America Invents Act (AIA), and in particular, the ability to postpone the
 submission of the oath or declaration required under 35 U.S.C.
 371(c)(4) under certain conditions, the requirements for
 entry into the national stage, and thus the determination of the
 371(c) date, are different based on the international
 filing date of the national stage application. See MPEP §
 1893.03 . Form PTO/DO/EO/903 in a national stage
 application having an international filing date prior to September 16, 2012
 identifies the 371(c) date as the date of receipt of the
 35 U.S.C.
 371(c)(1) , (c)(2) , and
 (c)(4) requirements, while Form PTO/DO/EO/903 in a
 national stage application having an international filing date on or after
 September 16, 2012 identifies the 371(c) date as the date of
 receipt of the 371(c)(1) and (c)(2) requirements. Filing
 receipts are mailed concurrently with the mailing of the Form PCT/DO/EO/903.
 

 The “Date of Completion of all 35 U.S.C. 371 Requirements”
 included on the NOTICE OF ACCEPTANCE OF APPLICATION UNDER 35 U.S.C. 371 AND 37
 CFR 1.495 (Form PCT/DO/EO/903) in pre-AIA national stage applications is
 relevant for purposes of patent term adjustment under former 35 U.S.C.
 154(b)(1)(A)(i)(II) when the Office has failed to mail at least one of a
 notification under 35 U.S.C. 132 or a notice
 of allowance under 35 U.S.C. 151 not later
 than fourteen months after the date on which the requirements under
 35 U.S.C.
 371 were fulfilled. This date is the latest of:
 

 
 (A) the date of submission of the basic national fee;

 (B) the date of submission or communication of the copy of
 the international application;
 

 (C) the date of submission of the translation of the
 international application if the international application is not in the
 English language;
 

 (D) the date of submission of an oath or declaration of the
 inventor in compliance with 35 U.S.C.
 371(c)(4) ; 
 

 (E) the earlier of 30 months from the priority date or the
 date of request for early processing under 35 U.S.C.
 371(f) if requested prior to 30 months from the
 priority date (Form PCT/DO/EO/903 will indicate the date early
 processing was requested); 
 

 (F) if a request for early processing has not been requested
 prior to 30 months from the priority date, the date of submission of any
 translation of the annexes to the international preliminary examination
 report if the translation of the annexes are filed within the time
 period set in a Notification of Missing Requirements (Form
 PCT/DO/EO/905) requiring either an English translation of the
 international application or an oath or declaration; and
 

 (G) the date of submission of any surcharge for submitting
 the oath or declaration later than 30 months from the priority date.
 

 
 The AIA Technical Corrections Act, enacted on
 January 14, 2013, amended 35 U.S.C. 154(b)(1)(A)(i)(II) to change “the date on
 which an international application fulfilled the requirements of section 371” to
 “the date of commencement of the national stage under section 371 in an
 international application.” See Public Law 112-274, 126 Stat. 2456 (2013). Thus,
 under the AIA Technical Corrections Act, the fourteen-month period in 35 U.S.C.
 154(b)(1)(A)(i) for a national stage application is measured from the date of
 commencement of the national stage under 35 U.S.C. 371 in an
 international application. 
 

 

 
 1893.03(c) The Priority Date, Priority Claim, and Priority Papers
 for a U.S. National Stage Application [R-10.2019]
 

 A U.S. national stage application may be entitled to: (A) a
 right of priority under 35 U.S.C. 119(a) and
 365(b) based on a prior foreign application or
 international application designating at least one country other than the United
 States; and (B) the benefit of an earlier filed U.S. national application or
 international application designating the United States pursuant to
 35 U.S.C.
 119(e) or 35 U.S.C. 120 and
 365(c) . 
 

 I. RIGHT OF PRIORITY UNDER 35 U.S.C. 119(a) and 365(b) Pursuant to 35 U.S.C. 365(b) a U.S.
 national stage application shall be entitled to a right of priority based on
 a prior foreign application or international application designating at
 least one country other than the United States in accordance with the
 conditions and requirements of 35 U.S.C. 119(a) and
 the treaty and the PCT regulations. See in particular PCT Article
 8 and PCT Rules 4.10 and
 26bis . To obtain priority in
 the U.S. national stage application to such applications, the priority must
 have been timely claimed in the international stage of the international
 application. See 37 CFR 1.55(d)(2) . In
 the event that a claim of foreign priority is not timely made in the
 international stage, the priority claim may be made in the U.S. national
 stage application upon petition under 37 CFR
 1.55(e) , if the entire delay between the date the
 priority claim was due under PCT Rule
 26bis and the date the claim is
 filed is unintentional.
 

 Note that in U.S. national stage applications
 it is permissible, but not required, to present the claim for priority in an
 application data sheet. A proper claim for priority will be acknowledged
 (subject to the paragraph below) and the national stage application file
 will then be checked to see if the file contains a copy of the certified
 copy of the priority document submitted to the International Bureau. See
 subsection II below for further information concerning the certified copy of
 the priority document.
 

 International applications filed on or after April 1, 2007
 are subject to amended PCT Rules permitting restoration of a right of
 priority. See MPEP § 1828.01 . Consequently, international
 applications filed on or after April 1, 2007 may claim priority to a foreign
 application filed more than 12 months before the filing date of the
 international application. Such a priority claim will be effective in the
 U.S. national stage if the right of priority has been restored under
 PCT
 Rule 26bis.3 during the
 international stage. See 37 CFR 1.55(c) . 
 

 Furthermore, the right of priority may be restored in a U.S.
 national stage application upon petition under 37 CFR
 1.55(c) . Restoration of the right of priority upon
 petition under 37 CFR 1.55(c) is not
 limited to applications having an international filing date of April 1, 2007
 or later. It should be noted that where a petition under 37 CFR
 1.55(c) is necessary to restore the right of priority
 in a U.S. national stage application, a petition under 37 CFR
 1.55(e) to add a delayed priority claim will also be
 required where the priority claim was not properly made within the time
 limit set forth in the PCT and the Regulations under the PCT.
 37 CFR 1.55(d)(2) . 
 

 For a comparison with 35 U.S.C. 119(a) - (d) 
 priority claims in a national application filed under 35 U.S.C.
 111(a) , see MPEP § 1895.01 . 
 

 II. THE CERTIFIED COPY The requirement in PCT Rule 17 for a
 certified copy of the foreign priority application is normally fulfilled by
 applicant providing a certified copy to the receiving Office or to the
 International Bureau, or by applicant requesting the receiving Office to
 prepare and transmit the priority document to the International Bureau if
 the receiving Office issued the priority document, or by applicant
 requesting the International Bureau to obtain the priority document from a
 digital library. Pursuant to PCT Rule 17.1(a) ,
 (b) or (b-bis) , applicant must submit
 the certified copy, request the receiving Office to prepare and transmit the
 certified copy or request the International Bureau to obtain the priority
 document from a digital library, within 16 months from the priority date.
 Where applicant has complied with PCT Rule 17 , the
 International Bureau will forward a copy of the certified priority document
 to each Designated Office that has requested such document with an
 indication that the priority document was submitted in compliance with the
 rule and the date the document was received by the International Bureau.
 This indication may be in the form of either a cover sheet attached to the
 copy of the priority document or a WIPO stamp on the face of the certified
 copy. The U.S. Patent and Trademark Office, as a Designated Office, will
 normally request the International Bureau to furnish the copy of the
 certified priority document upon receipt of applicant’s submission under
 35
 U.S.C. 371 to enter the U.S. national phase. The copy
 from the International Bureau is placed in the U.S. national stage file. The
 copy of the priority document received from the International Bureau with
 either of the indications above is acceptable to establish that applicant
 has filed a certified copy of the priority document in compliance with
 37 CFR 1.55(f) . The
 examiner should acknowledge in the next Office action that the copy of the
 certified copy of the foreign priority document has been received in the
 national stage application from the International Bureau.
 

 On the following pages, note the examples of acceptable
 indications in the form of: 
 

 
 (A) a cover sheet indicating receipt by the
 International Bureau on 12 April 2018 (12.04.2018) and compliance
 with PCT Rule
 17.1(a) , (b) or
 (b-bis) in the “Remark”
 section; and 
 

 (B) the stamp (box) in the upper right hand section
 indicating receipt by the International Bureau (WIPO) on 30 December
 2002 and the stamped indication "PRIORITY DOCUMENT SUBMITTED OR
 TRANSMITTED IN COMPLIANCE WITH RULE 17.1(a) OR (b)."
 

 
 

 

 If the International Bureau is unable to forward a copy of
 the certified priority document to the U.S. Patent and Trademark Office,
 then applicant must provide a certified copy of the priority document during
 the national stage, unless the requirements of 37 CFR
 1.55(h) or 37 CFR
 1.55(i) have been met. For international applications
 in which the U.S. national stage commenced under 35 U.S.C.
 371 on or after December 18, 2013, applicant must
 submit the certified copy within the later of four months from the date of
 entry into the U.S. national stage as set forth in 37 CFR
 1.491 or sixteen months from the filing date of the
 prior-filed foreign application. See 37 CFR
 1.55(f)(2) . A delay in filing the certified copy
 under 37 CFR 1.55(f)(2) may
 be excused upon petition under 37 CFR 1.55(f)(3) . The
 International Bureau may not forward a copy of the priority document because
 the certified priority document was not furnished in compliance with
 PCT
 Rule 17.1(a) , (b) or
 (b-bis) or applicant requested
 examination to begin pursuant to 35 U.S.C. 371(f) prior
 to availability of the priority document from the International Bureau. If
 the priority claim was not in accordance with PCT Rule
 4.10 or the priority document was not provided in
 accordance with PCT Rule 17.1(a) ,
 (b) or (b-bis) , the copy of the priority
 document will not have been provided by the International Bureau. If a copy
 of the foreign priority document is not in the national stage application
 file but applicant asserts that a certified copy of the priority document
 was timely furnished under PCT Rule 17 in the
 international phase, then the examiner should consult with a Quality
 Assurance Specialist in his or her Technology Center or a PCT Special
 Program Examiner.
 

 III. BENEFIT CLAIM UNDER 35 U.S.C. 119(e), OR 120 AND 365(c) A national stage application may include a benefit claim
 under 35
 U.S.C. 119(e) , or 120 and 365(c) to a prior U.S.
 national application or under 35 U.S.C. 120 and
 365(c) to a prior international application
 designating the U.S. The conditions for according benefit under
 35
 U.S.C. 120 are as described in MPEP
 §§ 201.07 , 201.08 , and 211 et seq. and are similar regardless of whether the U.S.
 national application is a national stage application submitted under
 35 U.S.C. 371 or a national application filed under
 35 U.S.C. 111(a) . 
 

 The conditions for according benefit of a provisional
 application under 35 U.S.C. 119(e) are
 also similar for national stage applications and applications filed under
 35
 U.S.C. 111(a) , and the conditions are described in
 MPEP § 211.01(a) .
 

 In order for a national stage application (of international
 application “X”) to obtain benefit under 35 U.S.C. 119(e) of a
 prior U.S. provisional application, the national stage application must
 comply with the requirements set forth in 37 CFR
 1.78(a) . 37 CFR 1.78(a)(2) 
 requires that the prior provisional application must be entitled to a filing
 date as set forth in 37 CFR 1.53(c) , and the
 basic filing fee set forth in 37 CFR 1.16(d) must be
 paid on the provisional application within the time period set forth in
 37
 CFR 1.53(g) . Additionally, the provisional
 application must name as an inventor at least one inventor named in the
 later filed international application “X” and disclose the named inventor’s
 invention claimed in at least one claim of the national stage application in
 the manner provided by the first paragraph of 35 U.S.C.
 112 . The national stage application must contain a
 reference to the provisional application identifying it as a provisional
 application, and including the provisional application number (series code
 and serial number). If the national stage application has an international
 filing date prior to September 16, 2012, then the reference must be in
 either an application data sheet ( 37 CFR 1.76 ) or in the
 first sentence(s) of the specification. See pre-AIA 37 CFR
 1.78(a)(5)(iii) . If the national stage application
 has an international filing date that is on or after September 16, 2012,
 then the reference must be in an application data sheet ( 37 CFR
 1.76 ). See 37 CFR 1.78(a)(3) .
 However, the requirement for inclusion of the benefit claim in an
 application data sheet will be satisfied in a U.S. national stage
 application by the presentation of such benefit claim in the PCT request
 form contained in the international application or the presence of such
 benefit claim on the front page of the published international application.
 See 37 CFR 1.76(g) . The
 required reference to the earlier provisional application must be submitted
 within the time period provided by 37 CFR 1.78(a)(4) . This
 time period is not extendable. However, if the entire delay, between the
 date the claim was due under 37 CFR 1.78(a)(4) and
 the date the claim was filed, was unintentional, a petition under
 37
 CFR 1.78(c) may be filed to accept the delayed claim.
 If the provisional application was filed in a language other than English,
 an English-language translation of the non-English language provisional
 application and a statement that the translation is accurate will be
 required. See MPEP § 211.01(a) . If the
 translation and statement that the translation is accurate were not filed in
 the provisional application or in the later-filed national stage application
 before November 25, 2005, applicant will be notified and given a period of
 time within which to file an English-language translation and a statement
 that the translation is accurate in the provisional application, and a reply
 in the national stage application that the translation and statement were
 filed in the provisional application. Failure to timely reply to such a
 notice will result in abandonment of the national stage application. See
 37
 CFR 1.78(a)(5) . 
 

 Public Law 106-113 amended 35 U.S.C.
 119(e) to eliminate the copendency requirement for a
 nonprovisional application claiming benefit of a provisional application.
 35
 U.S.C. 119(e)(2) as amended became effective on
 November 29, 1999 and applies to provisional applications filed on or after
 June 8, 1995. An international application claiming benefit under
 35
 U.S.C. 365(c) and 35 U.S.C. 119(e) to a
 prior filed provisional application must be filed within twelve months of
 the filing date of the provisional application. The Director may extend the
 twelve month statutory period by an additional two months in situations
 where the failure to file the international application under
 35
 U.S.C. 363 was unintentional. See 35 U.S.C.
 119(e) .
 

 International applications filed on or after
 April 1, 2007 are subject to amended PCT Rules permitting restoration of a
 right of priority. See MPEP § 1828.01 .
 Consequently, international applications filed on or after April 1, 2007 may
 claim the benefit of a provisional application filed more than 12 months
 before the filing date of the international application. Such a benefit
 claim will be effective in the U.S. national stage if the benefit of the
 provisional application has been restored under PCT Rule
 26bis.3 during the
 international stage. See 37 CFR 1.78(b) . 
 

 Furthermore, the benefit of a provisional
 application may be restored in a U.S. national stage application upon
 petition under 37 CFR 1.78(b) .
 Restoration of the benefit of a provisional application upon petition under
 37 CFR 1.78(b) is not
 limited to applications having an international filing date of April 1, 2007
 or later. It should be noted that where a petition under 37 CFR
 1.78(b) is necessary to restore the benefit of a
 provisional application in a U.S. national stage application, a petition
 under 37 CFR 1.78(c) to add a delayed benefit claim will
 also be required, unless the benefit claim was timely made under
 37
 CFR 1.78(a)(4) (which includes, inter
 alia , making the benefit claim during the international
 stage).
 

 In order for a national stage application (of international
 application “X”) to obtain benefit under 35 U.S.C.
 120 and 365(c) of a prior filed
 copending nonprovisional application or prior filed copending international
 application designating the United States of America, the national stage
 application must comply with the requirements set forth in 37 CFR
 1.78(d) . The prior nonprovisional application or
 international application must name as an inventor at least one inventor
 named in the later filed international application “X” and disclose the
 named inventor’s invention claimed in at least one claim of the national
 stage application in the manner provided by the first paragraph of
 35
 U.S.C. 112 . The national stage application must
 contain a reference to the prior nonprovisional or international application
 identifying it by application number (series code and serial number) or
 international application number and international filing date and
 indicating the relationship of the applications. If the national stage
 application has an international filing date prior to September 16, 2012,
 then the reference must be in either an application data sheet
 ( 37 CFR 1.76 ) or in the first sentence(s) of the
 specification. See pre-AIA 37 CFR
 1.78(a)(2)(iii) . If national stage application has an
 international filing date that is on or after September 16, 2012, then the
 reference must be in an application data sheet ( 37 CFR
 1.76 ). See 37 CFR
 1.78(d)(2) . However, the requirement for inclusion of
 the benefit claim in an application data sheet will be satisfied in a U.S.
 national stage application by the presentation of such benefit claim in the
 PCT Request form contained in the international application or the presence
 of such benefit claim on the front page of the published international
 application. See 37 CFR 1.76(g) . The
 required reference to the earlier filed application must be submitted within
 the time period set forth in 37 CFR 1.78(d)(3) . This
 time period is not extendable and failure to timely submit the required
 reference to the earlier application will be considered a waiver of any
 benefit under 35 U.S.C. 120 ,
 121 , or 365(c) to such
 prior-filed application. See 37 CFR 1.78(d)(3) .
 However, if the entire delay, between the date the claim was due under
 37 CFR 1.78(d)(3) and
 the date the claim was filed, was unintentional, a petition under
 37 CFR 1.78(e) may be
 filed to accept the delayed claim.
 

 A prior filed nonprovisional application is copending with
 the national stage application if the prior U.S. national application was
 pending on the international filing date of the national stage
 application.
 

 A prior-filed international application designating the
 United States of America is copending with the national stage application if
 the prior international application was not abandoned or withdrawn, either
 generally or as to the United States, on the international filing date of
 the national stage application. 
 

 Note: a national stage application submitted under
 35
 U.S.C. 371 may not claim benefit of the filing date
 of the international application of which it is the national stage since its
 filing date is the international filing date of the international
 application. See also MPEP § 1893.03(b) . Stated
 differently, since the international application is not an earlier
 application (it has the same filing date as the national stage), a benefit
 claim under 35 U.S.C. 120 in the
 national stage to the international application is inappropriate.
 

 For a comparison with 35 U.S.C.
 120 benefit claims in a national application filed
 under 35
 U.S.C. 111(a) , see MPEP §
 1895 .
 

 

 
 1893.03(d) Unity of Invention [R-01.2024]

 
 37 CFR 1.499 Unity of invention during the national stage 

 If the examiner finds that a national stage application
 lacks unity of invention under § 1.475 , the examiner may
 in an Office action require the applicant in the response to that action to
 elect the invention to which the claims shall be restricted. Such
 requirement may be made before any action on the merits but may be made at
 any time before the final action at the discretion of the examiner. Review
 of any such requirement is provided under §§ 1.143 
 and 1.144 .
 

 

 PCT Rule
 13 was amended effective July 1, 1992. 37 CFR
 1.475 was amended effective May 1, 1993 to correspond to
 PCT Rule
 13 .
 

 Examiners are reminded that unity of invention analysis (not an
 independent and distinct analysis) is applicable in national stage applications
 submitted under 35 U.S.C. 371 . Restriction
 practice in accordance with 37 CFR
 1.141 - 1.146 continues to apply to
 U.S. national applications filed under 35 U.S.C. 111(a) , even if
 the application filed under 35 U.S.C. 111(a) claims
 benefit under 35 U.S.C. 120 and
 365(c) to an earlier international application
 designating the United States or to an earlier U.S. national stage application
 submitted under 35 U.S.C. 371 .
 

 The sections of the MPEP relating to double patenting
 rejections ( MPEP §
 804 ), election and reply by applicant
 ( MPEP §
 818) , and rejoinder of nonelected inventions
 ( MPEP §
 821.04 ) generally also apply to national stage
 applications submitted under 35 U.S.C. 371 . See
 MPEP §
 823 . Review of a lack of unity requirement is
 provided for under 37 CFR 1.143 and
 1.144 . See 37 CFR 1.499 and
 MPEP §
 1002.02(c) .
 

 When making a lack of unity requirement, the examiner must (1)
 list the different groups of claims and (2) explain why each group lacks unity
 with each other group (i.e., why there is no single general inventive concept)
 specifically describing the unique special technical feature in each group. The
 examiner may make a lack of unity requirement in a national stage application
 even if no such requirement was made by the ISA or IPEA.
 

 The principles of unity of invention are used to determine the
 types of claimed subject matter and the combinations of claims to different
 categories of invention that are permitted to be included in a single
 international or national stage patent application. See MPEP § 1850 
 for a detailed discussion of Unity of Invention. The basic principle is that an
 application should relate to only one invention or, if there is more than one
 invention, that applicant would have a right to include in a single application
 only those inventions which are so linked as to form a single general inventive
 concept.
 

 A group of inventions is considered linked to form a single
 general inventive concept where there is a technical relationship among the
 inventions that involves at least one common or corresponding special technical
 feature. The expression special technical features is defined as meaning those
 technical features that define the contribution which each claimed invention,
 considered as a whole, makes over the prior art. For example, a corresponding
 technical feature is exemplified by a key defined by certain claimed structural
 characteristics which correspond to the claimed features of a lock to be used
 with the claimed key. Note also the examples contained in Chapter 10 of the
 International Search and Preliminary Examination Guidelines which can be
 obtained from the Patent Examiner’s Toolkit or WIPO’s website ( www.wipo.int/pct/en/texts/gdlines.html ).
 

 A process is “specially adapted” for the manufacture of a
 product if the claimed process inherently produces the claimed product with the
 technical relationship being present between the claimed process and the claimed
 product. The expression “specially adapted” does not imply that the product
 could not also be manufactured by a different process.
 

 An apparatus or means is specifically designed for carrying out
 the process when the apparatus or means is suitable for carrying out the process
 with the technical relationship being present between the claimed apparatus or
 means and the claimed process. The expression specifically designed does not
 imply that the apparatus or means could not be used for carrying out another
 process, nor does it imply that the process could not be carried out using an
 alternative apparatus or means.
 

 Note: the determination regarding unity of invention is made
 without regard to whether a group of inventions is claimed in separate claims or
 as alternatives within a single claim. The basic criteria for unity of invention
 are the same, regardless of the manner in which applicant chooses to draft a
 claim or claims.
 

 If an examiner (1) determines that the claims do not meet the
 unity of invention requirement and (2) requires election of a single invention,
 when all of the claims drawn to the elected invention are allowable (i.e., meet
 the requirements of 35 U.S.C. 101 ,
 102 , 103 and 112 ), the
 nonelected invention(s) should be considered for rejoinder. Any nonelected
 product claim that requires all the limitations of an allowable product claim,
 and any nonelected process claim that requires all the limitations of an
 allowable process claim, should be rejoined. See MPEP §
 821.04 . Any nonelected processes of making and/or
 using an allowable product should be considered for rejoinder. The examiner
 should notify applicants of potential rejoinder of non-elected process claims by
 placing form paragraph 8.21.04 at the end of any lack
 of unity determination made between a product and a process of making the
 product or between a product and a process of using the product. 
 

 FORM PARAGRAPHS FOR LACK OF UNITY IN NATIONAL STAGE
 APPLICATIONS ¶ 18.18 Heading for Lack of Unity Action in National Stage Applications Submitted Under 35 U.S.C. 371 (Including Species)
 
REQUIREMENT FOR UNITY OF INVENTION
 As provided in 37 CFR 1.475( a), a national stage application shall relate to one invention only or to a group of inventions so linked as to form a single
 general inventive concept (“requirement of unity of invention”). Where a group of inventions is claimed in a national stage
 application, the requirement of unity of invention shall be fulfilled only when there is a technical relationship among those
 inventions involving one or more of the same or corresponding special technical features. The expression “special technical
 features” shall mean those technical features that define a contribution which each of the claimed inventions, considered
 as a whole, makes over the prior art.
 

 The determination whether a group of inventions is so linked as to form a
 single general inventive concept shall be made without regard to whether the inventions are
 claimed in separate claims or as alternatives within a single claim. See 37 CFR 1.475(e) .
 

When Claims Are Directed to Multiple Categories of Inventions:
 As provided in 37 CFR 1.475(b) , a national stage
 application containing claims to different categories of invention will be considered to have
 unity of invention if the claims are drawn only to one of the following combinations of
 categories:
 

 
 (1) A product and a process specially adapted for the manufacture of said product; or

 (2) A product and a process of use of said product; or

 (3) A product, a process specially adapted for the manufacture of the said product, and a use of the said product; or

 (4) A process and an apparatus or means specifically designed for carrying out the said process; or

 (5) A product, a process specially adapted for the manufacture of the said product, and an apparatus or means specifically designed
 for carrying out the said process.
 

 
 Otherwise, unity of invention might not be present. See 37 CFR 1.475(c) .
 

 Examiner Note:
 
 1. Begin all Lack of Unity actions in national stage applications
 submitted under 35
 U.S.C. 371 (including species) with this heading.
 

 2. Follow with form paragraph 18.19 or 18.20 , as appropriate.
 

 3. For lack of unity during the international phase, use form
 paragraph 18.05 
 instead of this form paragraph.
 
 
 

 ¶ 18.19 Restriction Requirement in National Stage Applications Submitted Under 35 U.S.C. 371 

 Restriction is required under 35 U.S.C. 121 and 372 .
 

 This application contains the following inventions or groups of inventions which are not so linked as to form a single general
 inventive concept under PCT Rule 13.1 .
 

 In accordance with 37 CFR 1.499 , applicant is required, in reply to this action, to elect a single invention to which the claims must be restricted.
 

 Examiner Note:
 
 1. This form paragraph is to be used when making a restriction requirement in a national stage application submitted under 35 U.S.C. 371 .
 

 2. This form paragraph is to be followed by form paragraphs 18.06 - 18.06.02 , as appropriate, and by form paragraphs 18.07 - 18.07.02 , as appropriate.
 

 3. All restriction requirements between a product/apparatus and a
 process of making the product/apparatus or between a product and a process of using the
 product should be followed by form paragraph 8.21.04 to notify the applicant that
 if all product/apparatus claims are found allowable, process claims that require all the
 limitations of the patentable product/apparatus should be considered for rejoinder.
 

 4. When all of the claims directed to the elected invention are in condition for allowance, the propriety of the restriction
 requirement should be reconsidered to verify that the non-elected claims do not share a same or corresponding technical feature
 with the allowable claims.
 
 
 

 ¶ 8.21.04 Notice of Potential Rejoinder of Process Claims

 The examiner has required restriction between product and process claims. Where applicant elects claims directed to the product/apparatus,
 and all product/apparatus claims are subsequently found allowable, withdrawn process claims that include all the limitations
 of the allowable product/apparatus claims should be considered for rejoinder. All claims directed to a nonelected process
 invention must include all the limitations of an allowable product/apparatus claim for that process invention to be rejoined.
 

 In the event of rejoinder, the requirement for restriction between the product/apparatus claims and the rejoined process claims
 will be withdrawn, and the rejoined process claims will be fully examined for patentability in accordance with 37 CFR 1.104 . Thus, to be allowable, the rejoined claims must meet all criteria for patentability including the requirements of 35 U.S.C. 101 , 102 , 103 and 112 . Until all claims to the elected product/apparatus are found allowable, an otherwise proper restriction requirement between
 product/apparatus claims and process claims may be maintained. Withdrawn process claims that
 are not commensurate in scope with an allowable product/apparatus claim will not be rejoined. See MPEP § 821.04 . Additionally, in order for rejoinder to occur, applicant is advised that the process claims should be amended during prosecution
 to require the limitations of the product/apparatus claims. Failure to do so may result in no rejoinder. Further, note that the prohibition against double patenting rejections of 35 U.S.C. 121 does not apply where the restriction requirement is withdrawn by the examiner before the patent issues. See MPEP § 804.01. 

 Examiner Note:

 This form paragraph should appear at the end of any requirement for restriction between a process and a product/apparatus
 for practicing the process (see form paragraph 8.17 ), a product/apparatus and a process of making the product/apparatus (see form paragraph 8.18 ) or between a product/apparatus and a process of using the product/apparatus (see form paragraph 8.20 ). See MPEP § 821.04 for rejoinder practice.
 

 

 ¶ 18.20 Election of Species in National Stage Applications Submitted Under 35 U.S.C. 371 

 This application contains claims directed to more than one species of the generic invention. These species are deemed to lack
 unity of invention because they are not so linked as to form a single general inventive concept under PCT Rule 13.1 . 
 

 The species are as follows: 

 [1] 

 Applicant is required, in reply to this action, to elect a single species to which the claims shall be restricted if no generic
 claim is finally held to be allowable. The reply must also identify the claims readable on the elected species, including
 any claims subsequently added. An argument that a claim is allowable or that all claims are generic is considered non-responsive
 unless accompanied by an election.
 

 Upon the allowance of a generic claim, applicant will be entitled to consideration of claims to additional species which are
 written in dependent form or otherwise require all the limitations of an allowed generic claim. Currently, the following claim(s)
 are generic: [2] .
 

 Examiner Note:
 
 1. This form paragraph is to be used when making an election of species requirement in a national stage application submitted
 under 35 U.S.C. 371 .
 

 2. In bracket 1, identify the species from which an election is to be made.

 3. In bracket 2, identify each generic claim by number or insert the word --NONE--.

 4. This form paragraph is to be followed by form
 paragraphs 18.07 - 18.07.03 , as
 appropriate.
 
 
 

 ¶ 18.21 Election by Original Presentation in National Stage Applications Submitted Under 35 U.S.C. 371 

 Newly submitted claim [1] directed to an invention that lacks unity with the invention originally claimed for the following reasons: [2] 

 Since applicant has received an action on the merits for the originally
 presented invention, this invention has been constructively elected by original presentation
 for prosecution on the merits. Accordingly, claim [3] withdrawn from
 consideration as being directed to a nonelected invention. See 37 CFR 1.142(b) and
 MPEP §
 821.03 .
 

 To preserve a right to petition, the reply to this action must
 distinctly and specifically point out supposed errors in the restriction requirement.
 Otherwise, the election shall be treated as a final election without traverse. Traversal must
 be timely. Failure to timely traverse the requirement will result in the loss of right to
 petition under 37 CFR
 1.144 . If claims are subsequently added, applicant must indicate which
 of the subsequently added claims are readable upon the elected invention.
 

 Should applicant traverse on the ground that the inventions are not
 patentably distinct, applicant should submit evidence or identify such evidence now of record
 showing the inventions to be obvious variants or clearly admit on the record that this is the
 case. In either instance, if the examiner finds one of the inventions unpatentable over the
 prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 
 or pre-AIA 35 U.S.C. 103(a) of the other invention.
 

 

 ¶ 18.22 Requirement for Election and Means for Traversal in National Stage
 Applications Submitted Under 35 U.S.C. 371
 

 Applicant is advised that the reply to
 this requirement to be complete must include (i) an election of a species or invention to be
 examined even though the requirement may be traversed ( 37 CFR 1.143 ) and (ii) identification of
 the claims encompassing the elected invention. 
 

 The election of an invention or
 species may be made with or without traverse. To preserve a right to petition, the election
 must be made with traverse. If the reply does not distinctly and specifically point out
 supposed errors in the restriction requirement, the election shall be treated as an election
 without traverse. Traversal must be presented at the time of election in order to be
 considered timely. Failure to timely traverse the requirement will result in the loss of right
 to petition under 37 CFR 1.144. If claims are added after the election, applicant must
 indicate which of these claims are readable on the elected invention or
 species.
 

 Should applicant traverse on the ground that the inventions have unity of
 invention ( 37 CFR
 1.475(a) ), applicant must provide reasons in support thereof. Applicant
 may submit evidence or identify such evidence now of record showing the inventions to be
 obvious variants or clearly admit on the record that this is the case. Where such evidence or
 admission is provided by applicant, if the examiner finds one of the inventions unpatentable
 over the prior art, the evidence or admission may be used in a rejection under
 35 U.S.C.
 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
 

 Examiner Note:
 
 1. This form paragraph should be
 used when requiring restriction (including an election of species) in an application
 that entered the national stage under 35 U.S.C. 371 .
 

 2. This form paragraph should
 follow form paragraph 8.23.01 when a telephone call was made that did not
 result in an election being made.
 
 
 

 

 
 1893.03(e) Documents Received from the International Bureau and
 Placed in a U.S. National Stage Application File [R-01.2024]
 

 The national stage application includes documents communicated
 by the International Bureau and submissions from applicant. Some of the
 documents from the International Bureau are identified in this section with a
 brief note as to their importance to the national stage application. The
 examiner should review each such document and the important aspect
 indicated.
 

 I. THE PUBLICATION OF THE INTERNATIONAL APPLICATION The publication of the international application
 includes
 

 
 (A) a cover page with the applicant/inventor data, the
 application data (application number, filing date, etc.) and the
 Abstract (and, if appropriate, a figure of drawing),
 

 (B) the description, claims and drawing parts of the
 international application, and
 

 (C) the search report (Form PCT/ISA/210), if
 available.
 

 
 The publication may also include other items
 as set forth in PCT Rule 48 .
 

 The cover page is important as a source of the correct
 application data, most importantly the filing date and priority date
 accorded to the international application. If the international application
 is published in English, the Office will use the description, claims,
 abstract and drawings as published in the pamphlet for the U.S. national
 stage application under 35 U.S.C. 371 . The
 description, claims and drawing parts of the international application
 reflect the application subject matter on the international filing date and
 are important for comparison with any amendments to check for new matter.
 The search report reflects the International Searching Authority’s opinion
 regarding the prior art. 
 

 The abstract is reproduced on the cover page of the
 publication, even though it appears on a separate sheet of the international
 application in accordance with PCT Rule 11.4(a) . The
 requirement of 37 CFR 1.52(b) that the
 abstract “commence on a separate physical sheet or electronic page” does not
 apply to the copy of the published international application communicated to
 the designated Offices by the International Bureau under PCT Article
 20 . Accordingly, it is improper for the examiner of
 the U.S. national stage application to require the applicant to provide an
 abstract commencing on a separate sheet if the abstract does not appear on a
 separate sheet in the publication of the international application. Unless
 the abstract is properly amended under the U.S. rules during national stage
 processing, the abstract that appears on the cover page of the published
 international application will be the abstract published by the USPTO under
 35
 U.S.C. 122(b) and in any U.S. patent issuing from the
 application. 
 

 II. THE INTERNATIONAL PRELIMINARY EXAMINATION REPORT AND THE
 INTERNATIONAL PRELIMINARY REPORT ON PATENTABILITY (CHAPTER I AND
 II) When an international preliminary examination is performed
 by an International Preliminary Examining Authority (IPEA), an international
 preliminary examination report (IPER) is prepared on Form PCT/IPEA/409 by
 the IPEA and sent to the elected Offices. This report reflects the IPEA’s
 non-binding opinion regarding lack of unity of invention, novelty, inventive
 step and industrial applicability. The IPER bears the title “International
 Preliminary Report on Patentability (Chapter II of the Patent Cooperation
 Treaty)”.
 

 If the applicant did not timely file a demand for
 international preliminary examination with the IPEA, then an “International
 Preliminary Report on Patentability (Chapter I of the Patent Cooperation
 Treaty)” reflecting the International Searching Authority’s (ISA’s)
 non-binding opinion regarding lack of unity of invention, novelty, inventive
 step and industrial applicability is sent to the designated Offices.
 

 The examiner may adopt any portion or all of the report on
 patentability of the IPEA or ISA upon consideration in the national stage so
 long as it is consistent with U.S. practice. The first Office action on the
 merits should indicate the report on patentability of the IPEA or ISA has
 been considered by the examiner. The indication may be a mere
 acknowledgement.
 

 The IPER may include annexes, i.e., amendments to the
 international application that were made during the international phase. See
 MPEP §
 1893.01(a)(3) . These annexes will be placed in
 the U.S. national stage application file. Consequently, if the international
 application has been extensively amended during the international stage,
 there may be a number of different copies of the description, claims and
 drawings present in the national stage application file. The IPER may be
 consulted in Box No. I “Basis of the report” to determine what pages the
 report was based upon. Using the IPER as a roadmap of what happened during
 Chapter II examination will help determine which version should be
 examined.
 

 Original sheets, substitute sheets, rectified sheets, and
 sheets that were incorporated by reference and included as part of the
 application examined under Chapter II are listed in the IPER as “originally
 filed/furnished.” Replacement sheets showing amendments made under
 PCT
 Article 19 or 34 and considered
 during Chapter II are also listed. See MPEP §
 1879 . If the IPER was established in a language
 other than English, the International Bureau will translate the IPER into
 English. However, the International Bureau will not translate the annexes to
 the IPER into English. Unless proper and timely translations are furnished
 by the applicant, foreign language annexes will be considered canceled. See
 MPEP §
 1893.01(a)(3) . All replacement sheets in the
 international application are marked with the international application
 number and the date of receipt in the upper right-hand corner. Replacement
 sheets that contain changes in format only and are accepted by the receiving
 Office are marked as “SUBSTITUTE SHEET” at the bottom of the page.
 Replacement sheets that contain a rectification of an obvious error or
 mistake and are accepted by either the ISA or the IPEA are marked as
 “RECTIFIED SHEET (RULE 91)” at the bottom of the page. Sheets that were
 incorporated by reference and accepted by the receiving Office are marked as
 “INCORPORATED BY REFERENCE (RULE 20.6).” Additionally, replacement sheets to
 the claims submitted to the International Bureau as Article
 19 Amendments will be marked as “AMENDED SHEET
 (Article 19)” at the bottom of the page. Furthermore, replacement sheets to
 the description, claims and drawings submitted to the IPEA as
 Article 34 Amendments will be marked as “AMENDED
 SHEET” at the bottom of the page. The IPER will indicate in “Box No. I Basis
 of the Report” that claim numbers submitted under either PCT Article
 19 or 34 have been considered
 and will indicate the date they were received and the replacement sheets
 will be annexed to the IPER. The NOTICE OF ACCEPTANCE OF APPLICATION UNDER
 35 U.S.C. 371 AND 37 CFR 1.495 (Form PCT/DO/EO/903) should also be
 consulted, as it will indicate if the annexes or their translation have not
 been entered.
 

 III. THE PRIORITY DOCUMENT See the discussion in MPEP §
 1893.03(c) . 
 

 IV. NOTIFICATION OF WITHDRAWAL If the national stage application papers include an
 indication that the international application or US designation has been
 withdrawn, then the application should be brought to the attention of the
 International Patent Legal Administration to determine whether the
 withdrawal occurred prior to completion of the requirements under
 35
 U.S.C. 371(c) . If the withdrawal occurred prior to
 completion of the requirements under 35 U.S.C. 371(c) , then
 entry into the U.S. national stage is prohibited. See 35 U.S.C.
 366 . The indication of withdrawal may appear on a
 Notification of Withdrawal (PCT/IB/307 or PCT/RO/136), a Notification that
 International Application Considered to Be Withdrawn (Form PCT/RO/117), or
 other notification. 
 

 
 1893.03(e)(1) Title of the Invention [R-08.2012]

 In the absence of an application data sheet
 ( 37
 CFR 1.76 ) or preliminary amendment changing the
 title, the Office will use the title of the invention that appears on the
 first page of the description of the published international application (if
 published under PCT Article 21 in
 English) or the title that appears on the first page of the description of
 the English translation of the international application (if not published
 under PCT
 Article 21 in English) in preparing the official
 filing receipt. If the title does not appear on the first page of the
 description, and an application data sheet or preliminary amendment changing
 the title has not been furnished, then the title will be taken from the
 cover page of the published international application. If applicant
 furnishes an application data sheet or preliminary amendment changing the
 title, the Office will use the title as indicated in such document in
 preparing the official filing receipt. If applicant submits both an
 application data sheet and a preliminary amendment, the later filed document
 will govern. See 37 CFR 1.76(d)(1) . An
 application data sheet will govern over a concurrently filed preliminary
 amendment. See 37 CFR 1.76(d)(2) . 
 

 

 

 
 1893.03(f) Drawings and PCT Rule 11 [R-07.2022]

 The USPTO may not impose drawing requirements during the
 examination of a national stage application beyond those imposed by the Patent
 Cooperation Treaty (e.g., PCT Rule 11 ). However, the
 examiner does have the authority to require new drawings if the drawings were
 published without meeting all requirements under the PCT for drawings. 
 

 An applicant may file amended drawings in
 accordance with 37 CFR 1.84 and
 1.121(d) during the national stage. This includes an
 amendment seeking to replace black and white drawings with color drawings
 accompanied by a grantable petition to accept a color drawing and the necessary
 petition fee. Guidance on review of a petition to accept color drawings is
 provided in MPEP §
 608.02 , subsection VIII. In the event that an
 International Application was filed with color drawings and published by the
 International Bureau with only black and white drawings, the applicant is
 entitled to rely on the color drawings that were present on the international
 filing date to determine if a subsequent amendment seeking to add color drawings
 during the national stage includes new matter. 
 

 

 
 1893.03(g) Information Disclosure Statement in a National Stage
 Application [R-07.2015]
 

 An extensive discussion of Information Disclosure Statement
 practice is to be found in MPEP § 609 . Although not
 specifically stated therein, the duty to disclose information material to
 patentability as defined in 37 CFR 1.56 is placed on
 individuals associated with the filing and prosecution of a national stage
 application in the same manner as for a domestic national application. The
 averment with respect to the duty under 37 CFR 1.56 required under
 37 CFR
 1.63(b)(3) in an oath or declaration is applicable to
 oaths and declarations filed in U.S. national stage applications. See
 37 CFR
 1.497(c) . 
 

 When an international application is filed under the Patent
 Cooperation Treaty (PCT), prior art documents may be cited by the examiner in
 the international search report and/or the international preliminary examination
 report. It is desirable for the U.S. examiner to consider the documents cited in
 the international application when examining the U.S. national stage application
 or when examining an application filed under 35 U.S.C. 111(a) which
 claims the benefit of the international application under 35 U.S.C. 365(a) or
 (c) . 
 

 When all the requirements for a national stage application have
 been completed, applicant is notified (Form PCT/DO/EO/903) of the acceptance of
 the application under 35 U.S.C. 371 , including an
 itemized list of the items received. The itemized list includes an indication of
 whether a copy of the international search report and copies of the references
 cited therein are present in the national stage file. The examiner will consider
 the documents cited in the international search report and any supplementary
 international search report under PCT Rule 45bis
 , without any further action by applicant under
 37 CFR
 1.97 and 1.98 , when both the
 international search report (or supplementary international search report under
 PCT Rule
 45bis ) and copies of the documents
 are indicated to be present in the national stage file. The examiner will note
 the consideration in the first Office action. There is no requirement that the
 examiners list the documents on a PTO-892 form. See form paragraphs
 6.53 , 6.54 , and
 6.55 (reproduced in MPEP §
 609.03 ). Otherwise, applicant must follow the procedure
 set forth in 37 CFR 1.97 and 1.98 in order to ensure
 that the examiner considers the documents cited in the international search
 report.
 

 This practice applies only to documents cited in the
 international search report relative to a national stage application filed under
 35 U.S.C.
 371 . It does not apply to documents cited in an
 international preliminary examination report that are not cited in the search
 report. It does not apply to applications filed under 35 U.S.C.
 111(a) claiming the benefit of an international
 application filing date. 
 

 

 

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 1801-Basic Patent Cooperation Treaty (PCT) Principles 

 1802-PCT Definitions 

 1803-Reservations Under the PCT Taken by, and Notifications of Incompatibility Made by, the United States of America 

 1804-[Reserved] 

 1805-Where To File an International Application 

 1806-Applicants and Inventors 

 1807-Agent or Common Representative and General Power of Attorney 

 1808-Change in or Revocation of the Appointment of an Agent or a Common Representative 

 1809-Access to the USPTO patent electronic filing system 

 1810-Filing Date Requirements 

 1811-[Reserved] 

 1812-Elements of the International Application 

 1813 - 1816-[Reserved] 

 1817-PCT Member States 

 1818-[Reserved] 

 1819-Earlier Search 

 1820-Signature of Applicant 

 1821-The Request 

 1822-[Reserved] 

 1823-The Description 
 1823.01-Reference to Deposited Biological Material 

 1823.02-Filing Nucleotide and/or Amino Acid Sequence Listings in International Applications 

 
 

 1824-The Claims 

 1825-The Drawings 

 1826-The Abstract 

 1827-Fees 
 1827.01-Refund of International Application Fees 

 
 

 1828-Priority Claim and Document 
 1828.01-Restoration of the Right of Priority 

 1828.02-Continuation or Continuation-in-Part Indication in the Request 

 
 

 1829-[Reserved] 

 1830-International Application Transmittal Letter 

 1831-[Reserved] 

 1832-License Request for Foreign Filing Under the PCT 

 1833-[Reserved] 

 1834-Correspondence 
 1834.01-Filing of Correspondence by Facsimile 

 1834.02-Irregularities in the Mail or Electronic Communications Service 

 
 

 1835-[Reserved] 

 1836-Rectification of Obvious Mistakes 

 1837 - 1839-[Reserved] 

 1840-The International Searching Authority 
 1840.01-The European Patent Office as an International Searching Authority 

 1840.02-The Korean Intellectual Property Office as an International Searching Authority 

 1840.03-The Australian Patent Office (IP Australia) as an International Searching Authority 

 1840.04-[Reserved] 

 1840.05-The Israel Patent Office (ILPO) as an International Searching Authority 

 1840.06-The Japan Patent Office (JPO) as an International Searching Authority 

 1840.07-The Intellectual Property Office of Singapore (IPOS) as an International Searching Authority 

 
 

 1841-[Reserved] 

 1842-Basic Flow Under the PCT 

 1843-The International Search 
 1843.01-Prior Art for Chapter I Processing 

 1843.02-Certain Subject Matter Need Not Be Searched 

 1843.03-No Search Required if Claims Are Unclear 

 1843.04-Procedure for Claims Not Required To Be Searched and for Claims That Are Unclear 

 1843.05-Time Limit for Establishing the International Search Report and the Written Opinion of the International Searching Authority 

 
 

 1844-The International Search Report 
 1844.01-Preparing the International Search Report (Form PCT/ISA/210) 

 
 

 1845-Written Opinion of the International Searching Authority 
 1845.01-Preparing the Written Opinion of the International Searching Authority (Form PCT/ISA/237) 

 1845.02-Notification of Transmittal of the International Search Report and the Written Opinion of the International Searching Authority,
 or the Declaration (Form PCT/ISA/220) 

 
 

 1846 - 1847-[Reserved] 

 1848-Sequence Listings 

 1849-[Reserved] 

 1850-Unity of Invention Before the International Searching Authority 

 1851-Identification of Patent Documents 

 1852-Taking Into Account Results of Earlier Search(es) 

 1853-Amendment Under PCT Article 19 

 1854 - 1855-[Reserved] 

 1856-Supplementary International Searches 

 1857-International Publication 

 1858-[Reserved] 

 1859-Withdrawal of International Application, Designations, or Priority Claims 

 1860-International Preliminary Examination Procedure 

 1861-[Reserved] 

 1862-Agreement With the International Bureau To Serve as an International Preliminary Examining Authority 

 1863-[Reserved] 

 1864-The Demand and Preparation for Filing of Demand 
 1864.01-Amendments Filed Under PCT Article 34 

 1864.02-Applicant’s Right To File a Demand 

 1864.03-States Which May Be Elected 

 1864.04-Agent’s Right To Act 

 
 

 1865-Filing of Demand 

 1866-[Reserved] 

 1867-Preliminary Examination Fees 

 1868-Correction of Defects in the Demand 

 1869-Notification to International Bureau of Demand 

 1870-Priority Document and Translation Thereof 

 1871-Processing Amendments Filed Under Article 19 and Article 34 Prior to or at the Start of International Preliminary Examination 

 1872-Availability of the International Application File for International Preliminary Examination by the Examining Corps 

 1873-[Reserved] 

 1874-Determination if International Preliminary Examination Is Required and Possible 

 1875-Unity of Invention Before the International Preliminary Examining Authority 
 1875.01-Preparation of Invitation Concerning Unity 

 1875.02-Reply to Invitation Concerning Lack of Unity of Invention 

 
 

 1876-Notation of Errors and Informalities by the Examiner 
 1876.01-Request for Rectification and Notification of Action Thereon 

 
 

 1877-Nucleotide and/or Amino Acid Sequence Listings During the International Preliminary Examination 

 1878-Preparation of the Written Opinion of the International Preliminary Examining Authority 
 1878.01-Includes Subsections Regarding Prior Art, Novelty, Inventive Step, and Industrial Applicability for Purposes of the Written
 Opinion and the International Preliminary Examination Report 
 1878.01(a)-Prior Art for Purposes of the Written Opinion and the International Preliminary Examination Report 
 1878.01(a)(1)-Novelty for Purposes of the Written Opinion and the International Preliminary Examination Report 

 1878.01(a)(2)-Inventive Step for Purposes of the Written Opinion and the International Preliminary Examination Report 

 1878.01(a)(3)-Industrial Applicability for Purposes of the Written Opinion and the International Preliminary Examination Report 

 
 

 
 

 1878.02-Reply to the Written Opinion of the ISA or IPEA 

 
 

 1879-Preparation of the International Preliminary Examination Report 
 1879.01-Time Limit for Preparing Report 

 1879.02-Transmittal of the International Preliminary Examination Report and Related Documents 

 1879.03-Translations 

 1879.04-Confidential Nature of the Report 

 
 

 1880-Withdrawal of Demand or Election 

 1881-Receipt of Notice of Election and Preliminary Examination Report by the United States Patent and Trademark Office 

 1882 - 1892-[Reserved] 

 1893-National Stage (U.S. National Application Filed Under 35 U.S.C. 371) 
 1893.01-Commencement and Entry 
 1893.01(a)-Entry via the U.S. Designated or Elected Office 
 1893.01(a)(1)-Submissions Required by 30 Months from the Priority Date 

 1893.01(a)(2)-Article 19 Amendment (Filed With the International Bureau) 

 1893.01(a)(3)-Article 34 Amendments (Filed with the International Preliminary Examining Authority) 

 1893.01(a)(4)-Claim Amendment (Filed With the U.S. Designated or Elected Office) 

 
 

 1893.01(b)-Applicant for a U.S. National Stage Application 

 1893.01(c)-Fees 

 1893.01(d)-Translation 

 1893.01(e)-Inventor’s Oath or Declaration 

 
 

 1893.02-Abandonment 

 1893.03-Prosecution of U.S. National Stage Applications Before the Examiner 
 1893.03(a)-How To Identify That an Application Is a U.S. National Stage Application 

 1893.03(b)-The Filing Date of a U.S. National Stage Application 

 1893.03(c)-The Priority Date, Priority Claim, and Priority Papers for a U.S. National Stage Application 

 1893.03(d)-Unity of Invention 

 1893.03(e)-Documents Received from the International Bureau and Placed in a U.S. National Stage Application File 
 1893.03(e)(1)-Title of the Invention 

 
 

 1893.03(f)-Drawings and PCT Rule 11 

 1893.03(g)-Information Disclosure Statement in a National Stage Application 

 
 

 
 

 1894-[Reserved] 

 1895-A Continuation, Divisional, or Continuation- in- Part Application of a PCT Application Designating the United States 
 1895.01-Handling of and Considerations in the Handling of Continuations, Divisions, and Continuations-In-Part of PCT Applications 

 
 

 1896-The Differences Between a National Application Filed Under 35 U.S.C. 111(a) and a National Stage Application Submitted Under
 35 U.S.C. 371 

 

 

 
 

 
 
 

 
 

 

 
 
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