---
title: "Record provisional and national-stage facts for a patent application"
url: "https://ailawframework.com/practice/intellectual-property-patents-trade-marks-copyright-designs/record-the-provisional-and-national-phase-dates-for-a-pct-application/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A23-CO20261022-2-US"
practice_area: "Intellectual Property — Patents, Trade Marks, Copyright, Designs"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Record provisional and national-stage facts for a patent application

> Record any provisional filing date, the international filing date, and the priority date the file states.…

Canonical page: https://ailawframework.com/practice/intellectual-property-patents-trade-marks-copyright-designs/record-the-provisional-and-national-phase-dates-for-a-pct-application/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Intellectual Property — Patents, Trade Marks, Copyright, Designs](https://ailawframework.com/practice/intellectual-property-patents-trade-marks-copyright-designs.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 | United States |
| Applies to | [Record the provisional and national-phase dates for a PCT application](https://ailawframework.com/practice/intellectual-property-patents-trade-marks-copyright-designs/record-the-provisional-and-national-phase-dates-for-a-pct-application.md) |

## Checking plan

- What the AI does: 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.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- The national-stage section does not state 30 months or 31 months. Leave the commencement date blank.
- Sections 111, 112(a), 115, 351, and 363 were named and not opened for this record.

## Sources

- [35 U.S.C. § 119(e) (provisional application)](https://www.law.cornell.edu/uscode/text/35/119) (checked 2026-10-22)
- [35 U.S.C. § 371 (national stage)](https://www.law.cornell.edu/uscode/text/35/371) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*