All articles by Lynn A. Lehnert
National Stage Applications Must Comply with Entirety of § 371 Prior to Commencement of National Stage, Unless Early Commencement Expressly Requested
Regardless of whether an application is filed before or after the amendments made to the Technical Corrections Act (TCA), the entirety of §371 must be complied with before national stage commencement of an international PCT application may begin. To commence the national stage early, an express request to do so must be made, regardless of whether pre- or post-TCA versions of §154(b)(1)(A)(i)(II) applies.
The Technical Corrections Act, as amended, extends the patent term by one day for each day after the period specified, if the…