Overview (entry to grant)
- Deadline to enter: 30 months from the earliest priority date. Missing this causes abandonment as to the U.S.; revival may be petitioned if the delay was unintentional.
- What makes a timely “entry”: by the 30-month date, (i) pay the basic national stage fee, and (ii) ensure the USPTO has a copy of the international application (usually via the published WO record; if not, supply a copy).
- Language: U.S. prosecution is conducted in English. If your international application (and any Art. 19/34 amendments) is not in English, provide a verified English translation. The translation can be filed after commencement with a surcharge, but plan to provide it promptly.
- Oath/declaration: may be deferred if you file an Application Data Sheet (ADS) with complete inventor data; the declaration must be in place before allowance (late filing surcharge is handled later and is not required to start).
- Search and examination fees: not required to commence entry. The USPTO will set a time period after commencement to pay them; you may pay then (a post-commencement surcharge can apply).
- After entry: publication (if not already published) and substantive examination. You will respond to Office Actions with arguments or amendments (no new matter). Prioritized examination (Track One) is optional and handled later.
What you must have at entry (checklist)
- PCT/IB/RO numbers and the earliest priority date.
- Specification, claims, abstract, and drawings in English (or a verified English translation).
- ADS with complete inventor/applicant data and a correspondence address.
- Inventor’s oath/declaration (or a plan to defer under current rules).
- Government fee shown below (basic national stage fee).
- If your published international application exceeds 100 sheets, budget for the national stage application size fee at entry (per 50-sheet block over 100).
Government fee at entry (only what is due to commence)
Amounts are current; small entity is a 50% reduction; micro entity is an 80% reduction. Pay in U.S. dollars.
| Fee item (to commence U.S. national stage) | Default entity | Small entity | Micro entity | When it applies |
|---|---|---|---|---|
| Basic national stage fee (37 CFR 1.492(a)) | $350 | $140 | $70 | Always, by the 30-month date |
| National stage application size fee (1.492(j)) — each additional 50 sheets over 100 (as published by WIPO) | $450 | $180 | $90 | Only if the published international application exceeds 100 sheets |
Notes
• Search fee, examination fee, claim surcharges, translation-after-30-months surcharge, and post-commencement surcharge are not required to start the U.S. national stage; they are handled later when set by the USPTO.
• Translation preparation is a third-party/vendor cost, not a USPTO fee at entry.
Process steps (practical view)
- Commence national stage on time: pay the basic national fee and ensure the USPTO has the international application (and English text if available).
- Complete commencement items: file the ADS; defer the oath/declaration if desired (you must complete it before allowance).
- USPTO sets later payments: when the Office issues a notice, pay national stage search/examination fees and any applicable surcharges.
- Prosecution: respond to Office Actions; adjust claims as needed under U.S. practice.
- Allowance and grant: complete any deferred formalities (e.g., oath/declaration) and pay the issue fee.
Professional fees (guidance for budgeting)
These are typical U.S. counsel ranges for planning purposes; actual quotes vary with complexity, claim count, and document condition.
- National stage commencement (preparation of PTO-1390 package, ADS, entity certification, filing, and docket setup): $900–$2,200 (straightforward cases), $2,200–$3,500 (complex claim sets/clean-up on entry).
- Translation coordination (if needed): usually billed at vendor rates; as a planning proxy, $0.18–$0.35 per source word for technical English, plus counsel review time if requested.
- Post-commencement fee handling (paying search/exam/claim surcharges when set): $200–$450 administrative/legal time.
- First Office Action response (not due at entry; for budgeting only): $2,000–$5,000 for a straightforward response; more for heavily contested or multi-rejection responses.
What to send with your quote request
- PCT/IB/RO numbers and earliest priority date.
- Current claim set (total and independent counts), whether any claim is multiple-dependent.
- Approximate sheet count of the published international application (exclude sequence listings from sheet count rules).
- Language of the international application (translation needed: yes/no).
- Whether you intend to request Track One after entry.
- Any intended amendments on or shortly after entry.
References
- USPTO Fee Schedule (current; national stage basic fee and application size fee). USPTO
- MPEP § 1893 (U.S. national stage acts at 30 months; commencement; translation; oath/declaration). USPTO
- 37 C.F.R. § 1.492 (national stage fees). eCFR
- PCT Applicant’s Guide — United States (national stage overview). pctlegal.wipo.int
- USPTO Patent Center (status and file history). USPTO