What is national phase entry?

You have probably arrived at this website because you have a pending PCT patent application (also called an "international patent application").  The next step after an international patent application is the process called "national phase entry".  This process is sometimes also called "national stage entry", or "patent nationalization".

 

The process of national phase entry is necessary because your PCT application can never become a proper granted patent.  A PCT application is a legal instrument that only reserves your rights to obtain a granted patent.  In effect, it is a "place holder" for your invention until you decide in which countries to seek patent protection. 

 

It is only through the national phase entry process that a true patent application is created.  In fact, the process results in a number of patent applications: one for each target country.  Each one of these newly created patent applications is capable of maturing into a granted patent.   As an example, where your target countries are China, Japan, and the United States the national phase entry process may be represented as follows:

PCT Application
US Application
Chinese Application
European Application

Once your list of countries is decided, the work required for national phase entry can begin. 

 

While it must be performed correctly, the national phase entry process is procedural in nature.  Essentially, various documents are generated and filed in the patent offices of your target countries.  Payments are also made to the relevant foreign patent offices.  Depending on your target countries, translations may also be prepared. 

 

Accordingly, it is immaterial whether the national phase entry process is performed by your current attorney, or by Flux IP.  We will take the same procedural actions as your current attorney, but charge a much lower price.

 

We have over a decade of experience in national phase entry practice.  You can rest assured that your national phase entry work is in good hands.

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© 2016 by Flux IP Attorneys & Advisors

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