HomeIP-GuideUSA General informationInvention (PCT National Phase) USA
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U.S. PCT national phase entry

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  • Patent fees

Fees associated with the U.S. PCT national phase entry as well as other patent fees are available in the fee calculator.

  • The deadline for the PCT national phase entry in the USA

The time limit for the PCT national phase entry in the United States of America is 30 months from the date of priority. For the PCT applications filed on, or after December 18, 2013, the national stage can be revived if a petition and fee are filed within two months of the missed term.

  • Minimum of filing documents in the U.S.

- Copy of the international application, unless previously communicated by International Bureau (include translation if international application is not in English);
- Executed oath or declaration (may be submitted after 30-month deadline);
- National fee.

  • Language of the USA patent application

The official language of the U.S. patent application is English. If the international application is filed in any other foreign language, the English translation thereof must be provided after the filing and in response to an Official Notification that will specify the period of time allowed, usually two months from the date of the notice. A further extension is also possible on condition that the corresponding fees are paid.

  • Information Disclosure Statement

The applicant is obliged to disclose by way of an Information Disclosure Statement (IDS), any information that could be considered to be material to a determination of patentability of the claimed invention. This duty extends to an applicant’s legal representative and anyone involved in the registration of the application. The information can be of any type, and includes, but is not limited to, prior art. The duty continues until a patent is issued or the application is abandoned. An intentional failure to submit an IDS may result in a later declaration of the patent as unenforceable. If the IDS is filed within three months from the application’s filing date or before the first office action, no government fee is required to be paid for the filing of an IDS. In case any information contained in the IDS was first cited in communication from a foreign patent office in a counterpart foreign application more than 3 months prior to filing of said IDS, or was otherwise known to the applicant or applicant’s representative more than 3 months prior to filing the IDS, additional official fees must be paid.

  • Power of Attorney requirements

Legalisation of the Power of Attorney is not required. There is no set deadline for submitting a POA when entering the U.S. national stage of a PCT application.

  • Substantive examination request

A request for substantive examination is not necessary; it occurs simultaneously with entering the U.S. PCT national phase. It is possible to request an accelerated examination under PPH.

  • Grace period

There is a novelty grace period that is stipulated for the inventor’s disclosure or disclosure by another person of the subject matter that was obtained from the inventor. Duration of the grace period is one year before the actual U.S. filing date or the filing date of the earliest application for which the application is entitled to a right of priority.

  • Grant and patent maintenance

The issue fee for a U.S. patent is due within three months from the date of the Notice of Allowance. The first maintenance fee is paid within 3 1/2 years from granting the U.S. patent. Subsequent maintenance fees are due every four years thereafter.

  • Representation by a patent attorney

It is recommended to perform the PCT national phase entry in the USA through a U.S. registered patent attorney or agent.

  •  Note

Online Database for US Patents.

Brief summary is based on the information provided by Soroker, Agmon, Nordman on 13.02.2019
Please contact us if the above information contains any discrepancies with the U.S. IP Laws.