PCT Patent Process · International Filing
PCT National Phase Entry
At 30 months from your priority date, the PCT international phase ends and the clock strikes midnight: file in each country now or lose those rights permanently. What's required, what it costs, and what to do if you're approaching the deadline.
The hard deadline
30 months from the earliest priority date. Most countries (US, China, Japan, South Korea) require national phase entry by then. Miss that date and your patent rights in that country are almost certainly gone — there is no extension. Budget 3–6 months of lead time: gathering translations, engaging local counsel, and wiring international fees all take longer than expected.
The 30-month deadline is calculated from the earliest priority date— not the PCT filing date, not the date of any subsequent priority application. If you filed a US provisional on January 15, 2023, then a PCT on January 15, 2024 (claiming the provisional's priority), your national phase deadline is July 15, 2025 — not July 15, 2026. Calculate from the provisional, always.
PCT Article 22/39
What every national phase entry requires
National filing fee
Each national/regional office charges a basic filing fee. Fees range from a few hundred to a few thousand USD equivalent. Claims fees are charged separately if claims exceed the country's included allotment (typically 10–25 claims). Fees must usually be paid in the local currency via wire transfer or local payment system — plan for payment processing time.
Translation (where required)
Any country where the official language differs from the application language (typically English, French, or German for most PCT applicants) requires a certified translation. Translation must be filed simultaneously with or before the national phase entry in most jurisdictions. This is the highest-cost and highest-lead-time item in national phase preparation — commission translations 8–12 weeks before the deadline.
Local agent/attorney of record
Most patent offices outside the US require a locally registered patent agent or attorney to prosecute the application. The agent relationship must be established at national phase entry — an executed power of attorney is filed with the application. Finding, engaging, and executing paperwork with foreign agents takes time; begin this at least 3–4 months before the deadline.
Country-specific formalities
Some offices require additional documents: the US requires an oath/declaration (or ADS in lieu); China requires a security examination clearance for inventions conceived or developed in China; some countries require certified priority documents; others require a specific national phase entry request form. Review each country's requirements individually — the PCT Applicant's Guide (WIPO) has country-specific chapters.
Examination request (where required)
Many offices (Japan, South Korea, Europe, Canada, Australia) require a separate request for examination filed within a specified period after national phase entry (1–4 years depending on country). These examination request deadlines are separate from the national phase entry deadline and carry their own fees. Missing an examination request deadline can result in the application being deemed abandoned.
Major jurisdictions
National phase requirements by country
| Country | Office | Deadline | National Fee (approx.) | Translation | Key Notes |
|---|---|---|---|---|---|
| United States | USPTO | 30 months from priority | ~$320–$640 (basic filing, depending on entity size) | English — none required | File directly or via EFS-Web. Pay basic national fee, oath/declaration, and claims fees if needed. 35 U.S.C. § 371 entry. |
| European Patent Office | EPO | 31 months from priority | ~€1,800–€4,500 (filing + claims + search fees) | English, French, or German — claims in other 2 languages at 12 months post-entry | One EP application covers 44+ EPC states. Validation fees per country after grant. London Agreement reduces translation obligations for many states. |
| China | CNIPA | 30 months from priority | ~¥4,000–¥15,000 RMB depending on claims | Chinese — mandatory, must be filed with or before the application | Security examination required for inventions made in China. Translation quality is critical; poor translation = prosecution problems. 12-month examination request deadline. |
| Japan | JPO | 30 months from priority | ~¥14,000–¥49,000 (basic fee + claims fees) | Japanese — mandatory. Submit within 2 months of national phase entry (with extension) | Examination request due within 3 years of national phase entry. Japanese translation quality heavily affects claim scope. |
| India | IPO | 31 months from priority | ~₹4,000–₹8,000 (depending on claims and pages) | English — India's national language for patent purposes | Divisional applications permitted. Examination request within 48 months of priority. Large pharmaceutical patent market. |
| Canada | CIPO | 30 months from priority | ~CAD $500–$1,600 | English or French | Examination request within 4 years of national phase entry. No grace period for missed 30-month deadline — reinstatement requires unintentional showing. |
| South Korea | KIPO | 30 months from priority (31 for EP priority) | ~₩42,000–₩150,000 KRW | Korean — mandatory. 2-month extension available from entry deadline | Request for examination within 3 years. One of the fastest examination offices — rejections can come quickly. |
| Australia | IP Australia | 31 months from priority | ~AUD $370–$1,600 | English — none required | Standard patent with examination request (must be requested). Innovation patent option being phased out. |
| Brazil | INPI | 30 months from priority | ~BRL $195–$585 (GRU payment) | Portuguese — mandatory for all documents | Long backlog — examination can take 10–12 years. Specialized processing programs available for certain technology areas. |
| Mexico | IMPI | 30 months from priority | ~MXN $4,000–$10,000 | Spanish — mandatory | Annual maintenance fees begin immediately on entry. Examination request required. |
Fees approximate as of 2024 — verify current schedules before filing. EPO covers 44+ EPC member states via one application.
FAQ
PCT national phase questions
What is PCT national phase entry and when is the deadline?
PCT national phase entry is when a PCT international application transitions from the WIPO phase (the international application) to individual national or regional patent offices. During national phase, each country conducts its own examination and decides whether to grant a patent. The deadline for national phase entry is 30 months from the earliest priority date (or from the PCT filing date if no priority is claimed) for most countries. Some countries, including India (31 months), Australia (31 months), and the European Patent Office (31 months), allow 31 months. The 30/31-month window is measured from the earliest effective priority date across all priority applications. Missing this deadline in any country typically results in permanent loss of patent rights in that country — it is one of the most critical deadlines in all of patent law.
What happens if you miss the PCT national phase deadline?
Missing the national phase entry deadline generally results in the PCT application being considered withdrawn in that country — patent rights are lost. In some countries, restoration of rights is possible under PCT Rule 49.6 (for national phase entry) or national law, if the applicant can demonstrate that the failure to act in time was unintentional (most countries) or occurred despite all due care being taken (some countries). Restoration requires filing a petition or request within a limited time after the missed deadline (typically 2–6 months), paying a restoration fee, and providing a declaration of unintentional delay. Not all countries allow restoration: China and certain other jurisdictions do not permit reinstatement of national phase rights under Rule 49.6. If restoration is not available or is denied, the patent rights in that country are permanently forfeited — there is no other avenue for a new application that captures the original filing date.
How much does PCT national phase entry cost?
National phase entry costs vary widely by country and application characteristics. For a single country, expect to pay: (1) the national basic filing fee (range: ~$300 to $1,500 USD equivalent per country); (2) excess claims fees if the application has more than the country's included claims (typically 10–20 claims included); (3) professional fees for a local agent/attorney required in most countries; (4) translation costs if required — this is often the largest expense. A Chinese translation of a full utility patent can cost $3,000–$6,000; Japanese $4,000–$8,000; Korean $2,000–$4,000; German/Spanish typically $1,500–$3,000 each. For a robust international filing in 8–10 jurisdictions with translations, total first-year national phase costs of $80,000–$150,000 are not unusual for mid-sized companies. This is why the PCT's 30-month window is valuable: it delays these costs while the applicant assesses commercial prospects.
Does the PCT international search report help in national phase?
The PCT International Search Report (ISR) and Written Opinion carry significant weight in national phase — but the effect varies by country. Countries that accept the international search: In many countries, particularly those with lighter domestic examination workloads, the national examiner gives significant deference to the ISR. A favorable ISR (few prior art citations, positive written opinion) can accelerate prosecution and reduce examination time. Countries with independent examination: The USPTO, EPO, JPO, CNIPA, and KIPO all conduct independent substantive examination regardless of the ISR — an applicant should not assume a favorable ISR translates to an easy national examination in these offices. Patents Prosecution Highway (PPH): If the International Preliminary Examination Authority (IPEA) issues a positive written opinion or international preliminary report finding claims allowable, the applicant can use PPH in many countries to request expedited examination based on the positive international work product — often resulting in faster allowances at reduced cost.
Can you file PCT national phase in additional countries after 30 months?
No — after the 30/31-month national phase deadline passes, you cannot enter national phase in a country where you did not file in time, unless that country's national law allows restoration of rights under PCT Rule 49.6 or equivalent domestic law. The only exception is the European Patent Office's 're-establishment of rights' procedure (EPC Rule 136), which requires showing that all due care was taken and the delay was unintentional. However, you might consider whether a divisional application strategy can be used in countries where you did enter national phase on time. Alternatively, for technology still in development, a new PCT application may be filed claiming priority to any continuing applications still within the 12-month Paris Convention window. Once a national phase deadline is missed and restoration is unavailable, the specific invention is in the public domain in that country with respect to that patent filing.