And I'm sure the overall criteria for basic patentability couldn't be different. A national application is a non-provisional utility application filed directly with the USPTO. A national stage application is an application that was initially filed as a PCT (Patent Cooperation Treaty) patent application.
Explaining the "Patentese" of the question and the answer For people who are not up on all the ins and outs of U. A PCT application can be filed by anyone from any country and is usually filed "internationally" by sending it to the home patent office of the applicant's country of residence labeled as a PCT application, but can be sent directly to the International Bureau in Geneva.
For the given circumstances: Reference filed on Jan. A link to the MPEP is provided here for quick resolution: question is whether the US Nat'l App can use Rule 131 to antedate the Reference. Technically the national stage is a "stage" of the PCT application so there is no "priority" claim going on, they are the same application. There is an MPEP page that covers the differences in how these types of utility applications are treated.
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Sounds great and it is great but there is no such thing as a free lunch.
The "applications" in all those places will die by a deadline, unless an opt in (and pay money) occurs in each place you ultimately really want to continue.
In the US patent law section 111 governs a regular application and 371 governs applications that get into the US patent system via the PCT process.
There are some small differences in how they are dealt with due to details of the Treaty.
US National Stage claiming priority to the PCT Application filed on Mar. Reference was cited in the course of prosecution of the US National Stage entry.
Ifit were a national stage so-called bypass application of the PCT then it would be a new application getting priority from the PCT application. MPEP 1896 It does not included anything indicating that 102(a) is viewed differently.Then the applications are pretty much treated as per local laws.At the time you opt in to a country you are not doing a filing. You are just "entering the national stage" of that application in that country.While there is no such thing as a granted international patent, the PCT process is a way to simultaneously file an application in some 140+ jurisdictions with one set of paperwork in one fell swoop.When you file a PCT application, unless you opt out of specific countries, you are filing a US application, a German application, an Egyptian application, etc.However, the requirements for patentability are not different.