# MPEP § 1893.01(a)(1): Submissions Required by 30 Months from the Priority Date

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/MPEP_S1893.01(a)(1)

## Section

- **Citation:** MPEP § 1893.01(a)(1)
- **Heading:** Submissions Required by 30 Months from the Priority Date
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** USPTO MPEP / Chapter 1800 - Patent Cooperation Treaty / MPEP § 1893.01(a)(1)

## Text

37 CFR 1.495 Entering the national stage in the United States of
America.
[Editor Note: Paragraphs (a) and (h) below
are applicable only to patent applications filed under
35 U.S.C.
111(a)
or
363
on or after
September 16, 2012]
(a) The applicant in an international application
must fulfill the requirements of
35 U.S.C.
371
within the time periods set forth in
paragraphs (b) and (c) of this section in order to prevent the
abandonment of the international application as to the United
States of America. The thirty-month time period set forth in
paragraphs (b), (c), (d), (e) and (h) of this section may not be
extended.
(b) To avoid abandonment of the application, the
applicant shall furnish to the United States Patent and
Trademark Office not later than the expiration of thirty months
from the priority date:
(1) A copy of the international application,
unless it has been previously communicated by the
International Bureau or unless it was originally filed
in the United States Patent and Trademark Office;
and
(2) The basic national fee (see §
1.492(a)
).
(c)
(1) If applicant complies with paragraph (b)
of this section before expiration of thirty months from
the priority date, the Office will notify the applicant
if he or she has omitted any of:
(i) A translation of the
international application, as filed, into the
English language, if it was originally filed in
another language and if any English language
translation of the publication of the
international application previously submitted
under
35 U.S.C.
154(d)
(§
1.417
) is not also a
translation of the international application as
filed (
35 U.S.C.
371(c)(2)
);
(ii) The inventor’s oath or
declaration (
35 U.S.C.
371(c)(4)
and §
1.497
), if a declaration of
inventorship in compliance with §
1.63
has not been previously
submitted in the international application under
PCT Rule
4.17(iv)
within the time limits
provided for in
PCT Rule
26ter.1
;
(iii) The search fee set forth in §
1.492(b)
;
(iv) The examination fee set forth
in §
1.492(c)
; and
371(c)(2)
);
(ii) The inventor’s oath or
declaration (
35 U.S.C.
371(c)(4)
and §
1.497
), if a declaration of
inventorship in compliance with §
1.63
has not been previously
submitted in the international application under
PCT Rule
4.17(iv)
within the time limits
provided for in
PCT Rule
26ter.1
;
(iii) The search fee set forth in §
1.492(b)
;
(iv) The examination fee set forth
in §
1.492(c)
; and
(v) Any application size fee
required by §
1.492(j)
;
(2) A notice under paragraph (c)(1) of this
section will set a time period within which applicant
must provide any omitted translation, search fee set
forth in §
1.492(b)
, examination fee set
forth in §
1.492(c)
, and any application
size fee required by §
1.492(j)
in order to avoid
abandonment of the application.
(3) The inventor’s oath or declaration must
also be filed within the period specified in paragraph
(c)(2) of this section, except that the filing of the
inventor’s oath or declaration may be postponed until
the application is otherwise in condition for allowance
under the conditions specified in paragraphs (c)(3)(i)
through (c)(3)(iii) of this section.
(i) The application
contains an application data sheet in accordance
with §
1.76
filed prior to the
expiration of the time period set in any notice
under paragraph (c)(1) identifying:
(A) Each inventor by
his or her legal name;
(B) A mailing
address where the inventor customarily receives
mail, and residence, if an inventor lives at a
location which is different from where the
inventor customarily receives mail, for each
inventor.
plication data sheet in accordance
with §
1.76
filed prior to the
expiration of the time period set in any notice
under paragraph (c)(1) identifying:
(A) Each inventor by
his or her legal name;
(B) A mailing
address where the inventor customarily receives
mail, and residence, if an inventor lives at a
location which is different from where the
inventor customarily receives mail, for each
inventor.
(ii) The applicant must
file each required oath or declaration in
compliance with §
1.63
, or substitute statement
in compliance with §
1.64
, no later than the date
on which the issue fee for the patent is paid. If
the applicant is notified in a notice of
allowability that an oath or declaration in
compliance with §
1.63
, or substitute statement
in compliance with §
1.64
, executed by or with
respect to each named inventor has not been filed,
the applicant must file each required oath or
declaration in compliance with §
1.63
, or substitute statement
in compliance with §
1.64
, no later than the date
on which the issue fee is paid to avoid
abandonment. This time period is not extendable
under §
1.136
(see §
1.136(c)
). The Office may
dispense with the notice provided for in paragraph
(c)(1) of this section if each required oath or
declaration in compliance with §
1.63
, or substitute statement
in compliance with §
1.64
, has been filed before
the application is in condition for allowance.
(iii) An international
application in which the basic national fee under
35 U.S.C.
41(a)(1)(F)
has been paid and
for which an application data sheet in accordance
with §
1.76
has been filed may be
treated as complying with
35
U.S.C. 371
for purposes of
eighteen-month publication under
35
U.S.C. 122(b)
and §
1.211
et seq.
§
1.64
, has been filed before
the application is in condition for allowance.
(iii) An international
application in which the basic national fee under
35 U.S.C.
41(a)(1)(F)
has been paid and
for which an application data sheet in accordance
with §
1.76
has been filed may be
treated as complying with
35
U.S.C. 371
for purposes of
eighteen-month publication under
35
U.S.C. 122(b)
and §
1.211
et seq.
(4) The payment of the processing fee set
forth in §
1.492(i)
is required for
acceptance of an English translation later than the
expiration of thirty months after the priority date. The
payment of the surcharge set forth in §
1.492(h)
is required for
acceptance of any of the search fee, the examination
fee, or the inventor’s oath or declaration after the
date of the commencement of the national stage (§
1.491(a)
).
(5) For international
applications having an international filing date before
July 1, 2022, a sequence listing need not be translated
if the sequence listing complies with
PCT
Rule 12.1(d)
and the description
complies with
PCT Rule
5.2(b)
. For international
applications having an international filing date on or
after July 1, 2022, for purposes of paragraph (c)(1)(i)
of this section, an English translation is required for
any sequence listing in XML format (“Sequence Listing
XML”) containing non-English language values for any
language-dependent free text qualifiers in accordance
with §§
1.831
through
1.834
.
(d) A copy of any amendments to the claims made
under
PCT Article
19
, and a translation of those amendments
into English, if they were made in another language, must be
furnished not later than the expiration of thirty months from
the priority date. Amendments under
PCT Article
19
which are not received by the
expiration of thirty months from the priority date will be
considered to be canceled.
.
(d) A copy of any amendments to the claims made
under
PCT Article
19
, and a translation of those amendments
into English, if they were made in another language, must be
furnished not later than the expiration of thirty months from
the priority date. Amendments under
PCT Article
19
which are not received by the
expiration of thirty months from the priority date will be
considered to be canceled.
(e) A translation into English of any annexes to an
international preliminary examination report (if applicable), if
the annexes were made in another language must be furnished not
later than the expiration of thirty months from the priority
date. Translations of the annexes which are not received by the
expiration of thirty months from the priority date may be
submitted within any period set pursuant to paragraph (c) of
this section accompanied by the processing fee set forth in §
1.492(f)
.
Annexes for which translations are not timely received will be
considered canceled.
(f) Verification of the translation of the
international application or any other document pertaining to an
international application may be required where it is considered
necessary, if the international application or other document
was filed in a language other than English.
(g) The documents and fees submitted under
paragraphs (b) and (c) of this section must be identified as a
submission to enter the national stage under
35 U.S.C.
371
. If the documents and fees contain
conflicting indications as between an application under
35 U.S.C.
111
and a submission to enter the
national stage under
35 U.S.C.
371
, the documents and fees will be
treated as a submission to enter the national stage under
35 U.S.C.
371
.
paragraphs (b) and (c) of this section must be identified as a
submission to enter the national stage under
35 U.S.C.
371
. If the documents and fees contain
conflicting indications as between an application under
35 U.S.C.
111
and a submission to enter the
national stage under
35 U.S.C.
371
, the documents and fees will be
treated as a submission to enter the national stage under
35 U.S.C.
371
.
(h) An international application becomes abandoned
as to the United States thirty months from the priority date if
the requirements of paragraph (b) of this section have not been
complied with within thirty months from the priority date.
37 CFR 1.495 (pre-AIA) Entering the national stage in the United States of
America.
[Editor Note: Paragraphs (a) and (h) below
are
not applicable
to patent applications filed under
35 U.S.C.
111(a)
or
363
on or after
Sept. 16, 2012. See
§ 1.495
for more
information and for the current rule, including the portions of the rule
not reproduced below and applicable irrespective of application filing
date and paras. (a) and (h) applicable to patent applications filed
under
35 U.S.C. 111(a)
or
363
on or after Sept. 16, 2012]
(a) The applicant in an international
application must fulfill the requirements of
35 U.S.C.
371
within the time periods set forth in
paragraphs (b) and (c) of this section in order to prevent the
abandonment of the international application as to the United
States of America. The thirty-month time period set forth in
paragraphs (b), (c), (d), (e) and (h) of this section may not be
extended. International applications for which those
requirements are timely fulfilled will enter the national stage
and obtain an examination as to the patentability of the
invention in the United States of America.
* * * * *
the international application as to the United
States of America. The thirty-month time period set forth in
paragraphs (b), (c), (d), (e) and (h) of this section may not be
extended. International applications for which those
requirements are timely fulfilled will enter the national stage
and obtain an examination as to the patentability of the
invention in the United States of America.
* * * * *
(h) An international application
becomes abandoned as to the United States thirty months from the
priority date if the requirements of paragraph (b) of this
section have not been complied with within thirty months from
the priority date. If the requirements of paragraph (b) of this
section are complied with within thirty months from the priority
date but either of any required translation of the international
application as filed or the oath or declaration are not timely
filed, an international application will become abandoned as to
the United States upon expiration of the time period set
pursuant to paragraph (c) of this section.
To avoid abandonment of an international
application as to the United States, applicant is required to comply with
37
CFR 1.495(b)
within 30 months from the priority date.
Thus, applicant must pay the basic national fee not later than the
expiration of 30 months from the priority date and be sure that a copy of
the international application has been received by the U.S. Designated or
Elected Office not later than the expiration of 30 months from the priority
date.
It is preferable to file the required national
stage items online using the USPTO patent electronic filing system (further
information regarding the USPTO patent electronic filing system is available
at
www.uspto.gov/patents-application-process/
file-online
). Applicants may also file these items using the
Priority Mail Express® mailing procedure set forth in
37 CFR
1.10
. Facsimile transmission is not acceptable for
submission of the basic national fee and/or the copy of the international
application. See
37 CFR 1.6(d)
ormation regarding the USPTO patent electronic filing system is available
at
www.uspto.gov/patents-application-process/
file-online
). Applicants may also file these items using the
Priority Mail Express® mailing procedure set forth in
37 CFR
1.10
. Facsimile transmission is not acceptable for
submission of the basic national fee and/or the copy of the international
application. See
37 CFR 1.6(d)
.
Likewise, the certificate of mailing procedures of
37 CFR
1.8
do not apply to the filing of the copy of the
international application and payment of the basic national fee. See
37 CFR
1.8(a)(2)(i)(F)
.
Applicants cannot pay the basic national fee with a
surcharge after the 30 month deadline. Failure to pay the basic national fee
within 30 months from the priority date will result in abandonment of the
application. The time for payment of the basic national fee is not
extendable.
Where the international application was filed with the
United States Receiving Office as the competent receiving Office, the copy
of the international application referred to in
37 CFR
1.495(b)
is not required. Otherwise, the copy of the
international application required under
37 CFR
1.495(b)
must be provided within 30 months from the
priority date to avoid abandonment. A copy of the international application
is published by the International Bureau at about 18 months from the
priority date, at which time the published application becomes available to
the U.S. Designated or Elected Office in electronic form in a digital
library from which the U.S. Designated or Elected Office is entitled to
retrieve the application. Pursuant to PCT
Rule
93bis(b)
, the publication of
the international application by the International Bureau (and the resulting
availability of the published application in a digital library) is
considered to effect the required communication of the copy of the
international application to the U.S. Designated or Elected Office
. Designated or Elected Office is entitled to
retrieve the application. Pursuant to PCT
Rule
93bis(b)
, the publication of
the international application by the International Bureau (and the resulting
availability of the published application in a digital library) is
considered to effect the required communication of the copy of the
international application to the U.S. Designated or Elected Office. Thus,
publication of an international application by the International Bureau
within 30 months from the priority date is considered to satisfy the
requirement of
37 CFR 1.495(b)
.
Where the basic national fee has been paid and the copy of
the international application (if required) has been received not later than
the expiration of 30 months from the priority date, but applicant has
omitted any required item set forth in
37 CFR
1.495(c)(1)
, the Office will process the national
stage application in accordance with the provisions of
37 CFR
1.495
in effect for that application. As a
consequence of the America Invents Act (AIA),
37 CFR
1.495
was amended to permit postponement of the
submission of the inventor’s oath or declaration under certain conditions
and is applicable to national stage applications having an international
filing date on or after September 16, 2012. For national stage applications
having an international filing date prior to September 16, 2012, the pre-AIA
version of
37 CFR 1.45
remains in effect.
If the international filing date is prior to September 16,
2012, and the basic national fee has been paid and the copy of the
international application (if required) has been received not later than the
expiration of 30 months from the priority date, but the required oath or
declaration, translation, search fee (
37 CFR 1.492(b)
),
examination fee (
37 CFR 1.492(c)
), or
application size fee (
37 CFR 1.492(j)
) has
not been filed prior to commencement of the national stage (see
MPEP §
1893.01
), the Office will send applicant a notice
identifying any deficiency and provide a period of time to correct the
def
f 30 months from the priority date, but the required oath or
declaration, translation, search fee (
37 CFR 1.492(b)
),
examination fee (
37 CFR 1.492(c)
), or
application size fee (
37 CFR 1.492(j)
) has
not been filed prior to commencement of the national stage (see
MPEP §
1893.01
), the Office will send applicant a notice
identifying any deficiency and provide a period of time to correct the
deficiency as set forth in
37 CFR 1.495(c)
. The
time period usually set is 2 months from the date of the notification by the
Office or 32 months from the priority date, whichever is later. This period
may be extended for up to 5 additional months pursuant to the provisions of
37 CFR
1.136(a)
. Failure to timely file the proper reply to
the notification will result in abandonment of the national stage
application. The processing fee set forth in
37 CFR
1.492(i)
will be required for acceptance of an
English translation of the international application later than the
expiration of thirty months after the priority date, and the surcharge fee
set forth in
37 CFR 1.492(h)
will be
required for acceptance of any of the search fee, examination fee, or oath
or declaration of the inventor after the date of commencement. See
pre-AIA 37 CFR 1.495(c)(3)
.
If the international filing date is on or after September
16, 2012, the filing of the oath or declaration may be postponed until the
application is otherwise in condition for allowance if applicants submit an
application data sheet in accordance with
37 CFR
1.76
identifying each inventor by the inventor’s
legal name, the mailing address where each inventor customarily receives
mail, and the residence of each inventor, if the inventor lives at a
location which is different from where the inventor customarily receives
mail.
37
CFR 1.495(c)(3)
.
For further information regarding the oath or declaration
required under
35 U.S.C. 371(c)(4)
and
37 CFR
1.497
, including for early entry and RCE filing, see
MPEP §
1893.01(e)
iling address where each inventor customarily receives
mail, and the residence of each inventor, if the inventor lives at a
location which is different from where the inventor customarily receives
mail.
37
CFR 1.495(c)(3)
.
For further information regarding the oath or declaration
required under
35 U.S.C. 371(c)(4)
and
37 CFR
1.497
, including for early entry and RCE filing, see
MPEP §
1893.01(e)
.
For further information regarding the translation required
under
35
U.S.C. 371(c)(2)
and
37 CFR
1.495(c)
, see
MPEP § 1893.01(d)
.

## Nearby sections

- [MPEP § 1801 Basic Patent Cooperation Treaty (PCT) Principles](https://www.frixlaw.com/law-library/statutes/MPEP_S1801.md)
- [MPEP § 1802 PCT Definitions](https://www.frixlaw.com/law-library/statutes/MPEP_S1802.md)
- [MPEP § 1803 Reservations Under the PCT Taken by, and Notifications of Incompatibility Made by, the United States of America](https://www.frixlaw.com/law-library/statutes/MPEP_S1803.md)
- [MPEP § 1804 [Reserved]](https://www.frixlaw.com/law-library/statutes/MPEP_S1804.md)
- [MPEP § 1805 Where To File an International Application](https://www.frixlaw.com/law-library/statutes/MPEP_S1805.md)
- [MPEP § 1806 Applicants and Inventors](https://www.frixlaw.com/law-library/statutes/MPEP_S1806.md)
- [MPEP § 1807 Agent or Common Representative and General Power of Attorney](https://www.frixlaw.com/law-library/statutes/MPEP_S1807.md)
- [MPEP § 1808 Change in or Revocation of the Appointment of an Agent or a Common Representative](https://www.frixlaw.com/law-library/statutes/MPEP_S1808.md)
- [MPEP § 1809 Access to the USPTO patent electronic filing system](https://www.frixlaw.com/law-library/statutes/MPEP_S1809.md)
- [MPEP § 1810 Filing Date Requirements](https://www.frixlaw.com/law-library/statutes/MPEP_S1810.md)
- [MPEP § 1811 [Reserved]](https://www.frixlaw.com/law-library/statutes/MPEP_S1811.md)
- [MPEP § 1812 Elements of the International Application](https://www.frixlaw.com/law-library/statutes/MPEP_S1812.md)
- [MPEP § 1817 PCT Member States](https://www.frixlaw.com/law-library/statutes/MPEP_S1817.md)
- [MPEP § 1818 [Reserved]](https://www.frixlaw.com/law-library/statutes/MPEP_S1818.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/MPEP_S1893.01(a)(1). Check the current official text before relying on it. Not legal advice.