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1893.01(a)(1) Submissions Required by 30 Months from the Priority Date [R-2] - 1800 Patent Cooperation Treaty
1893.01(a)(1) Submissions Required by 30 Months from the Priority Date [R-2]
To begin entry into the national stage, 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 on or before 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 prior to expiration of 30 months from the priority date. **>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.< Payment of the basic national fee will indicate applicant's intention to enter the national stage and will provide a U.S. correspondence address in most instances.
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 fee is not extendable.
Similarly, 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 provided to the U.S. Designated or Elected Office by the International Bureau (the copy is ordinarily received shortly after publication at about 18 months from the priority date). The International Bureau also mails a confirmation (Form *>PCT/IB/308)< to applicant upon which applicant can rely that the copy has been provided. >This confirmation constitutes conclusive evidence of transmission of the international application.< See PCT Rule 47.1(c). The copy >of the international application< is placed in a file to await applicant's submission of the basic national fee and other national stage requirements.
If the basic national fee has been paid >and the copy of the international application (if required) has been received< by expiration of 30 months from the priority date>,< but the required oath >or< declaration or translation has not been filed within 30 months from the priority date, ** the Office will send applicant a *>Notification of Missing Requirements (Form PCT/DO/EO/905) 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.
For further information regarding the oath or declaration required under 35 U.S.C. 371(c)(4) and 37 CFR 1.497 for entry into the U.S. national phase, 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).<
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