The examiner is advised to contact the International Patent Legal Administration if he or she has any question as to whether an application has been properly treated, or should have been treated, as a national stage application under 35 U. 371.
An international application designating the U. 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. 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.
. 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 § regarding entry into the national stage. Because the date of entry is dependent upon receipt of certain items required under 35 U. 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 PALM and PAIR. Continue reading S. has two stages (international and national) with the filing date being the same in both stages