Applicant’s initial submission under 35 U. 371 must be identified as a submission to enter the national stage under 35 U. 371. See 37 CFR 1.495(g). 371, the application will be treated as an application filed under 35 U. 111(a) (unless the submission is clearly identified as a submission pursuant to 35 U. 154(d)(4) for the purpose of obtaining provisional rights). See 37 CFR 1.417. Thus, if applicant wishes the application to be treated as a filing under 35 U. 111(a), the originally filed application papers need indicate simply that the papers are for a new U. If, however, applicant is submitting papers for entry into the national stage of a PCT application, or to establish an effective date for provisional rights resulting from the filing of a PCT application under 35 U. 154(d), applicant must so state.
S. patent application
When filing an application via EFS-Web, the EFS-Web screen prompts applicant for the type of filing being made, e.g., «nonprovisional application under 35 U. 111(a)» or «U.S. National Stage Under 35 U. 371.» Identifying the type of filing as a national stage submission under 35 U. 371 on this screen will serve to identify the submission as a national stage submission under 35 U. 371. Applicants seeking to enter the national stage are also advised to use transmittal Form PTO-1390, as this form clearly indicates that the submission is under 35 U. 371. The inclusion with the initial application submission of an inventor’s oath or declaration identifying the international application by international application number as the application to which the oath or declaration is directed is considered an indication that the application was submitted under 35 U. 371. (más…)