PCT National Phase Entry into the United States
A US national phase filing is more than a formality. Before filing, the priority record, translation, entity status, claim set, drawings, IDS exposure, and US prosecution strategy should be checked together.
For applicants with an existing PCT application approaching US national phase entry.
What Must Be Checked Before Filing
The US entry package should confirm the international application data, applicant and inventor information, priority chain, English translation needs, claim count, drawings, sequence listings if applicable, and entity-size eligibility.
- 30-month national phase timing and any restoration issue
- Translation accuracy for specification, claims, abstract, and drawings
- Excess claim and page fees before filing
- Inventor oath/declaration and assignment status
US Claim Strategy
The PCT claim set is not always the best US claim set. A US-focused review can reduce excess fees, align claims with US eligibility and written-description standards, and preserve fallback positions for examination.
- Reduce unnecessary dependent claims when cost-sensitive
- Add US-style fallback language only when supported
- Prepare for Section 101, 102, 103, and 112 issues
IDS and Foreign Prosecution Coordination
Foreign search reports, cited references, counterpart office actions, and applicant-known material references should be reviewed for Information Disclosure Statement planning. IDS timing and volume can affect cost and risk.
Common Questions
Is the US national phase deadline always 30 months?
The ordinary PCT US national phase deadline is 30 months from the priority date, but restoration and special fact patterns should be reviewed before relying on any deadline.
Can claims be amended when entering the US national phase?
Yes, but amendments should be supported by the original disclosure and should be evaluated for US prosecution impact before filing.