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A PCT application designating the United States was filed on March 10, 2025, claiming priority to a U.S. provisional application filed on April 2, 2024. No demand was filed. By what date must the applicant pay the basic national fee to avoid abandonment as to the United States, assuming the date is a business day?
Answer: October 2, 2026. The national stage time limit is 30 months from the priority date, which is the April 2, 2024 provisional date, whether or not a demand is filed. Thirty months from April 2, 2024 is October 2, 2026. The basic national fee (and a copy of the international application, unless already communicated) must be paid by then (35 U.S.C. 371; 37 CFR 1.495(b); MPEP 1893.01(a)). Why not the others: - September 10, 2027: that counts 30 months from the international filing date rather than the priority date. - April 2, 2026: 24 months, not 30. - March 10, 2027: 24 months from the international filing date. - October 2, 2027: 42 months; no time limit is that long. Rule: U.S. national stage: 30 months from the earliest priority date. Source: MPEP § 1893.01(a) (9th ed., Rev. 01.2024); 35 U.S.C. 371(b), (c); 37 CFR 1.495(b); as at Oct 2026
Counting 30 months from the international filing date instead of the priority date.
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