Crossing into the United States from an international PCT application pays off if you get the timing, fees, and formality choices right. This guide walks international inventors through PCT national phase entry in the United States under 35 U.S.C. § 371, how it differs from a bypass continuation, what makes up the cost, and a practical step-by-step plan to file cleanly and avoid costly mistakes.
The Core Timeline and What It Means
Entering the United States from a PCT means filing under 35 U.S.C. § 371 within 30 months of your earliest priority date. That 30-month clock governs everything from translation planning to budgeting and attorney scheduling.
At entry, you typically submit a copy of the international application (or a reference to it), an English translation if the application is not in English, the inventor oath or declaration, the national stage fees, and your initial information disclosure statement (IDS). If you file the IDS within three months of entry or before the first Office Action, there is no IDS fee for the references you already know about.
What if you miss the 30-month deadline?
An application that misses the 30-month date is treated as abandoned, but it can usually be revived. The USPTO accepts a petition to revive where the delay was unintentional. There is no fixed cut-off for filing the petition, although the longer you wait, the more explanation the USPTO requires (after two years, a detailed showing is expected). A petition fee applies, and the petition must be accompanied by everything needed to complete entry.
Do not read that as a reason to relax. The petition is an extra cost you avoid by docketing the deadline properly.
Choosing Your Route: § 371 National Stage Versus Bypass Continuation
Most PCT applications enter via the § 371 national stage because it preserves the PCT filing date directly and can qualify for fee reductions based on the international search. In some cases a "bypass" continuation, a United States continuation of the PCT filed as an ordinary United States application under 35 U.S.C. § 111(a), fits better. Both routes get you examined, but they differ in cost and strategy:
- § 371 national stage: eligible for a reduced search fee, and in some cases a reduced examination fee, if the USPTO acted as International Searching Authority or International Preliminary Examining Authority and the claims meet the PCT Article 33 standards. Formal requirements track the PCT.
- Bypass continuation: treated like a regular United States application. The ISA-based national stage reductions do not apply. You can amend claims and the specification more freely at filing, and it is the only way to add new matter (as a continuation-in-part). Bypass filings are also subject to the USPTO's continuing-application surcharge, which applies when the earliest benefit date is more than six years old and rises again at nine years.
When speed is critical, Track One prioritized examination is available on a bypass filing for an additional fee. Assess whether prioritized examination advances your commercial timeline before paying that premium.
Fees and Budgeting
USPTO fees are set by rule and change periodically, so we quote them live rather than in a blog post. What you need to know is the shape of the bill. The national stage fee set has three main parts: a basic national fee, a search fee, and an examination fee. On top of those, add-ons apply for:
- Excess claims: each independent claim beyond three, each claim beyond twenty in total, and any multiple dependent claim.
- Application size: a surcharge for each 50 sheets (or fraction) above 100 sheets of specification, drawings, and claims.
- Late translation: a surcharge if the English translation is filed after the 30-month date.
- Non-electronic filing: a surcharge for paper filing. Always file electronically.
- Continuing-application age: a surcharge on bypass and other continuing applications whose earliest benefit date is more than six years old, and a higher one at nine years.
- Track One: a prioritized-examination fee on bypass filings.
Small and micro entity discounts are substantial and apply to most of these fees, so confirm your entity status before you file. If the USPTO was your ISA, the search-fee reduction applies on § 371 and not on a bypass filing, and the difference can be wide.
After grant, the issue fee is due within three months of the Notice of Allowance, and maintenance fees are due at 3.5, 7.5, and 11.5 years from the issue date, each with a six-month grace period. Our patent maintenance service tracks those dates so a patent does not lapse for want of a payment.
For a written estimate tied to your claim count, page count, and entity status, our patent filing team models the fees from the current USPTO schedule.
Step-by-Step Filing Strategy
Use this checklist to file cleanly and on time:
- Monitor the 30-month deadline. Calculate from the earliest priority date and docket a safety margin one to two weeks in advance. If you miss it, consult counsel immediately about a petition to revive.
- Confirm your entry documents. Prepare the PCT application copy (or reference), any English translation, the inventor oath or declaration, and the fee payment. Keep your specification and claims formatted for United States practice to manage size and claim-count fees.
- Choose your route early. Compare § 371 national stage with a bypass continuation. Factor in the ISA-based reductions, the continuing-application surcharge on bypass filings, and whether prioritized examination is needed.
- Lock in entity status. If you qualify as a small or micro entity, claim it properly. The discounts change the budget materially.
- File your IDS early. Disclose foreign-cited prior art within three months of entry or before the first Office Action to avoid an IDS fee for references you already knew about.
- Budget for add-ons. Model excess-claim fees, size fees if you exceed 100 sheets, translation costs when needed, and any prioritized-examination fee.
- Plan post-grant costs now. Include the issue fee and the 3.5-, 7.5-, and 11.5-year maintenance fees, with grace periods, in your financial model.
Avoiding Common Pitfalls
Even experienced teams stumble on process details that cause cost overruns or loss of rights. Watch for these:
- Missing the 30-month deadline and then delaying the petition to revive, which adds cost and an explanation burden.
- Blowing IDS timing and paying a fee for foreign art you knew about before entry.
- Ignoring the continuing-application surcharge on bypass filings that claim benefit from an old priority chain.
- Under-budgeting post-grant maintenance fees, which complicate portfolio ROI later.
- Filing on paper and triggering the non-electronic surcharge.
Practical tip: create a single "entry pack" with the verified priority date, the 30-month deadline and buffer, entity status documentation, and a prepared IDS of foreign references. Attach a fee model for your claim strategy (for example, staying at three or fewer independent claims) so the budget aligns with prosecution strategy from day one.
After Entry: Examination and Office Actions
Once the application is in the national stage, it is examined like any United States application. Expect a first Office Action, typically with novelty or obviousness rejections over the art cited in the international search plus anything the USPTO examiner finds. Response deadlines are strict and extendable for a fee. Our patent office action service drafts the response and any claim amendments.
Frequently Asked Practical Questions
- Can I still enter the United States if I miss 30 months? Usually yes. File a petition to revive on the ground that the delay was unintentional, with the petition fee and the complete entry documents. Act promptly; delay raises the explanation burden.
- Do I need to translate my application? Only if the international application is not in English. A surcharge applies if the translation is filed after the 30-month date.
- How many independent claims can I have without extra fees? Three. Each independent claim beyond that, and each claim beyond twenty in total, carries an excess-claim fee.
- What about long specifications? If the total exceeds 100 sheets, a size fee applies for each additional 50 sheets or fraction.
- Should I use § 371 or a bypass continuation? If you want the ISA-based fee reductions and a straightforward entry, § 371 is usually the better fit. If you need the procedural features of a regular United States application, or need to add new matter, a bypass can make sense, but factor in the continuing-application surcharge and the loss of the national stage reductions.
Bringing It Together: A Playbook
- 90 to 120 days before 30 months: lock the route (§ 371 versus bypass), confirm entity status evidence, and prepare the application set and IDS. Align the claim count to avoid excess-claim fees where possible.
- 30 to 45 days before 30 months: finalize translations (if any), update the fee model for size and claim counts, and schedule filing. If considering Track One via a bypass, confirm the speed premium aligns with your commercial needs.
- At entry: file electronically with all national stage requirements, pay the correct fees, and submit your IDS.
- After entry: track the first Office Action; when the Notice of Allowance arrives, the issue fee is due within three months. Set maintenance-fee reminders at 3.5, 7.5, and 11.5 years from the issue date.
Conclusion
The 30-month deadline still rules PCT national phase entry in the United States. The cost details (ISA-based reductions on § 371, the continuing-application surcharge on bypass filings, and the entity discounts) decide what you pay on each route. With early route selection, disciplined IDS timing, and tight claim and page-count control, international inventors can enter the United States market efficiently and avoid preventable fees.
Get Help From GTC
Need a tailored plan for your PCT national phase entry in the United States? Our patent team helps international founders model fees, choose the right route, and file on time. Get in touch well before your 30-month date.
