Record provisional and national-stage facts for a patent application
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- Record any provisional filing date, the international filing date, and the priority date the file states. Record whether the file shows the national fee, an English translation, and the inventor paper section 371(c)(4) names. Leave the 12-month date, any holiday extension, any extra two months, and the national-stage commencement date blank. Decide nothing was missed.
- What the lawyer must review
- Section 119(e) gives an application under section 111(a) or section 363 the same effect as the provisional filing date when the invention was disclosed as section 112(a) requires, other than best mode, in a provisional application under section 111(b), by an inventor named in that provisional, the later application is filed not later than 12 months after the provisional, and it contains or is amended to contain a specific reference to the provisional. The Director may prescribe regulations, including the fee in section 41(a)(7), under which that 12-month period may be extended by an additional two months if the delay was unintentional. If the day that is 12 months after the provisional filing date falls on a Saturday, Sunday, or federal holiday within the District of Columbia, pendency extends to the next succeeding secular or business day. For an application under section 363 filed in a Receiving Office other than the Patent and Trademark Office, those 12-month and additional two-month periods are extended as the treaty and the Regulations defined in section 351 provide. Sections 111, 112(a), 351, and 363 were not opened. Section 119(a) is a different 12-month rule for an earlier foreign application. Section 371(b) says that, subject to subsection (f), the national stage commences with the expiration of the applicable time limit under article 22(1) or (2), or article 39(1)(a), of the treaty. The section states no number of months. Subsection (c) requires the national fee, a copy of the international application unless it is not required or the International Bureau already communicated it, an English translation if it was filed in another language, article 19 amendments and a translation if needed, an oath or declaration of the inventor or other person authorized under chapter 11 complying with section 115, and an English translation of annexes to the international preliminary examination report if those annexes were in another language. You read subsection (d) for what is due by commencement and what follows if it is not. The tool calculates none of these dates.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Consider narrowly defined preparation support after confirming the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Trace every relied-on figure to its source, confirm dates and assumptions, and independently recalculate totals or derived amounts.
- Calculate operative dates independently from the current rule and actual triggering event. Check exceptions and record the verified deadline.
- Check the current court or regulator requirements, prescribed form and attachments for the intended document and filing.
- Use an appropriately qualified person to verify translation and meaning, and confirm any certification required for the intended use.
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.