US Code

Public Law 119-73 (01/23/2026)

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 requirements 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. 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.

Pub. L. 94–131, § 189 Stat. 688Pub. L. 98–622, title IV98 Stat. 3391Pub. L. 99–616, § 7100 Stat. 3486Pub. L. 102–204, § 5(g)(2)105 Stat. 1641Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(a)(10)(A)]113 Stat. 1536Pub. L. 107–273, div. C, title III, § 13206(a)(20)116 Stat. 1905Pub. L. 112–29, § 20(i)(5)125 Stat. 335Pub. L. 112–211, title II, § 202(b)(9)126 Stat. 1536(Added , , ; amended , §§ 402(a)–(d), 403(a), , , 3392; , , ; , , ; , , , 1501A–582; , (b)(1)(B), , , 1906; , (j), , ; , , .)

Editorial Notes

Amendments

Pub. L. 112–2112012—Subsec. (d). struck out “, unless it be shown to the satisfaction of the Director that such failure to comply was unavoidable” after “by the parties thereof”.

Pub. L. 112–29, § 20(i)(5)2011—Subsec. (b). , substituted “of the treaty.” for “of the treaty”.

Pub. L. 112–29, § 20(j)Subsec. (c)(1). , struck out “of this title” after “41(a)”.

Pub. L. 112–29, § 20(j)Subsec. (c)(4). , struck out “of this title” after “11” and after “115”.

Pub. L. 107–273, § 13206(b)(1)(B)Pub. L. 106–1132002—Subsec. (d). , made technical correction to directory language of . See 1999 Amendment note below.

Pub. L. 107–273, § 13206(a)(20), inserted period at end.

Pub. L. 106–113Pub. L. 107–273, § 13206(b)(1)(B)1999—Subsec. (d). , as amended by , substituted “Director” for “Commissioner” wherever appearing.

Pub. L. 102–204section 41(a) of this title1991—Subsec. (c)(1). substituted “provided in ” for “prescribed under section 376(a)(4) of this part”.

Pub. L. 99–616, § 7(a)1986—Subsec. (a). , amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Receipt from the International Bureau of copies of international applications with amendments to the claims, if any, and international search reports may be required in the case of all international applications designating the United States.”

Pub. L. 99–616, § 7(b)Subsec. (b). , amended subsec. (b) generally, substituting “, or under article 39(1)(a) of the treaty” for “of the treaty.”

Pub. L. 99–616, § 7(c)Subsec. (c)(4), (5). , (d), substituted a semicolon for a period at end of par. (4) and added par. (5).

Pub. L. 99–616, § 7(e)Subsec. (d). , inserted “The requirement of subsection (c)(5) shall be complied with at such time as may be fixed by the Commissioner and failure to do so shall be regarded as cancellation of the amendments made under article 34(2)(b) of the treaty” at end.

Pub. L. 99–616, § 7(f)Subsec. (e). , inserted “or article 41” after “article 28”.

Pub. L. 98–622, § 402(a)section 403(a) of Pub. L. 98–6221984—Subsec. (a). , substituted “may be” for “is” and struck out “, except those filed in the Patent Office” after “United States”, which amendment was executed by striking out “, except those filed in the Patent and Trademark Office” as the probable intent of Congress in view of the amendment by . See Effective Date of 1984 Amendment note below.

Pub. L. 98–622, § 403(a), substituted “Patent and Trademark Office” for “Patent Office”.

Pub. L. 98–622Subsec. (b). struck out “, at which time the applicant shall have complied with the applicable requirements specified in subsection (c) of this section” after “of the treaty”.

Pub. L. 98–622, § 403(a)Subsec. (c). , substituted “Patent and Trademark Office” for “Patent Office” in provisions preceding par. (1) and in par. (3).

Pub. L. 98–622, § 402(c)(1)Subsec. (c)(2). , (2), substituted “communicated by” for “received from” and struck out “verified” before “translation”.

Pub. L. 98–622, § 402(d)Subsec. (d). , substituted provisions setting forth time periods for compliance with the requirements of subsec. (c), payments of surcharges, and the effect of failure to comply for provisions related only to the effect of failure to comply with the requirements of subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 2012 Amendment

Pub. L. 112–211section 203 of Pub. L. 112–211section 27 of this titleAmendment by effective on the date that is 1 year after , applicable to patents issued before, on, or after that effective date and patent applications pending on or filed after that effective date, and not effective with respect to patents in litigation commenced before that effective date, see , set out as an Effective Date note under .

Effective Date of 2011 Amendment

Pub. L. 112–29lPub. L. 112–29section 2 of this titleAmendment by effective upon the expiration of the 1-year period beginning on , and applicable to proceedings commenced on or after that effective date, see section 20() of , set out as a note under .

Effective Date of 1999 Amendment

Pub. L. 106–113Pub. L. 106–113section 1 of this titleAmendment by effective 4 months after , see section 1000(a)(9) [title IV, § 4731] of , set out as a note under .

Effective Date of 1986 Amendment

Pub. L. 99–616section 9 of Pub. L. 99–616section 351 of this titleAmendment by effective , and applicable to all international applications pending before or after that date, see , set out as a note under .

Effective Date of 1984 Amendment

Pub. L. 98–622section 406(b) of Pub. L. 98–622section 3 of this titleAmendment by section 402(a)–(d) of effective six months after , see , set out as a note under .

section 403(a) of Pub. L. 98–622section 406(a) of Pub. L. 98–622section 351 of this titleAmendment by effective , see , set out as a note under .

Effective Date

section 11 of Pub. L. 94–131section 351 of this titleSection effective , and applicable to international and national applications filed, on and after that date, see , set out as a note under .