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PCT National Phase Entry deadline into US missed
angrymama77@angrymama77
24 Posts
October 9, 2020, 5:02 pm
Quote from angrymama77 on October 9, 2020, 5:02 pmI have here a US national phase application that was not filed within 30 months of the priority date of a PCT Application.
What to do?
I have here a US national phase application that was not filed within 30 months of the priority date of a PCT Application.
What to do?
Martin Schweiger@martin_schweiger
120 Posts
October 9, 2020, 5:04 pm
Quote from Martin Schweiger on October 9, 2020, 5:04 pmYou can file a petition to revive a PCT application for missing the national stage deadline.
Requirements:
- Petition for Revival of an International Application for Patent Designating the U.S. Abandoned Unintentionally Under 37 CFR 1.137(b);
- Petition fee 37 CFR 1.17(m) ($1,000 for small entity);
- Proper reply (i.e., the US national application and all necessary documents and fees associated with entering the US national phase);
- Filing a statement that the delay was unintentional (contained in Form PTO/SB64/PCT): “The entire delay in filing the required reply from the due date for the required reply until the filing of a grantable petition under 37 CFR 1.137(b) was unintentional.”