1. U.S. Entry from PCT Application
111(a) Continuation vs. 371 National Stage

2. Summary
The PCT CON route is recommended for U.S. entry from a pending PCT application
Formalities group now available for filing PCT CON’s

3. Benefits of Continuation Route
Can add new matter to CON (CIP) at filing
CON’s receive filing receipt more quickly (1 month vs. 19 months)
Examination Rules of CON More Familiar
E.g., Restriction Practice vs. Unity of Invention
Less filing paperwork required to file CON
PTO filing default = CON

4. Benefits of Continuation Route Cont’d
Even though NS application has earlier filing date, examination won’t be ordered until 371(c) requirements are satisfied
For PCT Applications filed on or after 11/29/00 and that designate US and that publish in English file date is PCT file date
NS applications dispatched for examination based on 371(c) date (if don’t submit declaration, then may delay examination by 18 months)
CON applications dispatched for examination based on filing date (date specification, claim, and any necessary drawing is received)

5. Benefits of Continuation Route Cont’d
With CON, fees not required at filing; but can file preliminary amendment with NS to cancel claims

6. Benefits of National Stage Route
Certified copies of priority documents not required at filing (already submitted); however, the filing of certified copies of priority documents is recommended (may not be sent by WIPO)
NS potentially has lower fee structure
CON – basic ($300), search ($500), and exam ($200) fees
NS – If have positive WO or IPER from US ISA/IPEA
No Search Fee
No Exam Fee
Note: Still have basic fee of $300
NS – IF US searched
Search fee reduced ($100), otherwise $400 or $500
171-1:MAB:398407