NATIONAL PHASE OF INTERNATIONAL APPLICATION

PCT National Phase

Entering the national phase in the US.  I will help you file a US national application based on the previously filed PCT application.   Filing of the US application includes preparation of all the accompanying documents, such as a document informing the USPTO that the application enters the US national phase, power of attorney (which you must sign), a copy of the published international application and a translation (if not in English), as well as the oath or declaration (which you must sign).

U.S. National Phase – How Much Does It Cost?

I charge a fixed amount to prepare the above-mentioned documents and file your application in the form in which it was originally filed.  If the application is originally filed in a language other then English, I will review the application and correct obvious errors without an additional payment.  If extensive revisions are necessary, I will advise you about an estimated cost of such services.

National Phase – Additional Services

As an additional service, I will review and rewrite the application using  correct technical and grammatical English as well as the claim form and structure used in the United States.  After that, I will prepare and file a preliminary amendment.

This service is strongly recommended for applications filed originally in a language other than English because such applications often require extensive changes to get the full level of protection, to enhance the clarity of the description, and to meet the requirements of the full disclosure.  These changes submitted as a preliminary amendment will provide more flexibility in the subsequent patent prosecution.  An ill-prepared application will limit the applicant to one opportunity to amend the claims, after which the decision may become final.

The deadline to apply

Starting from April 1, 2002, the national phase should begin no later than 30 months from the priority date, even if there was no request for a preliminary examination.  Previously, it was necessary to file a request for a preliminary examination before the expiration of 19 months from the priority date in order to postpone the national phase up to 30 months.  This is no longer required.