The National Phase is the stage after a PCT application moves into examination before each selected national or regional patent office. Each office examines and decides independently, under its own law, documentation, translation requirements, and fees — which vary by country. This stage needs advance planning and usually requires coordination through a local associate or counsel in each destination country.
What the National Phase is
Once the international phase of a PCT application (search and the optional, non-binding preliminary examination) has run its course, the applicant must decide which countries or regions to actually pursue examination in. This stage is called the National Phase (or Regional Phase for regional systems, such as the European Patent Office). It's the point where a single PCT application "splits" into separate applications in each chosen destination, each examined independently of the others.
Each office examines separately
Once in the National Phase, a PCT application is no longer an "international application" — it becomes a domestic patent application in that country, examined against that office's own law and standards directly. The search report and preliminary opinion from the international phase are informational only; they don't bind the destination office to agree. Different countries can therefore reach different outcomes on the same underlying application.
What to prepare
Requirements for entering the National Phase vary by country, but generally involve:
- Translation: many countries require the application to be translated into their official language within a deadline.
- Formalities and documents: forms, powers of attorney, and other supporting documents per each office's requirements.
- National fees: filing and other fees specific to each country, which vary and should be confirmed directly with the destination office or through a local associate.
- What happens next: once in the National Phase, the application follows that country's normal examination process, which may include an office action requiring a response or amendment before it's granted or refused.
Because exact requirements and deadlines vary by country and change under local law, this article does not provide a country-by-country deadline table. Confirm the exact deadline for each target country with a local associate or the relevant office directly before deciding.
General PCT timing framework
Under the PCT treaty framework, applicants generally have up to about 30 months from the priority date of the first application to enter the National Phase, though some countries set a different window, and an applicant can always request early entry into the National Phase in any country if they want to move faster. This 30-month figure is a general treaty benchmark, not a fixed deadline for every country — the actual deadline for each target country should still be confirmed separately.
Why early planning matters
Preparing translations, documents, and a fee budget across multiple countries at once takes time. If you wait until close to the deadline to start, you risk not having everything ready correctly for every target country. Planning ahead — especially confirming your target countries and budget clearly during the international phase — reduces the risk of missing a deadline in any one country.
The role of Patent To You and foreign associates
Patent To You advises on and supports initial filing preparation and coordinates foreign filing and prosecution through appropriately qualified local associates where required by each jurisdiction. Because National Phase entry has to be handled directly before each country's own office under its own law, coordinating through a qualified local associate in the destination country is standard practice for this stage.
