<!DOCTYPE html>
<html>
<head>
<meta http-equiv="Content-Type" content="text/html; charset=UTF-8">
</head>
<body>
<p>It is true that you can enter the US national phase "in dribs and
drabs" without incurring any late payment penalties.</p>
<p>So let's suppose the last possible day for the 30 months is (for
example) December 26. Then you could do each of the following
things:</p>
<ul>
<li>On December 22, you hand in the paper that identifies the PCT
application and says you want to enter the US national phase
(for example an ADS).</li>
<li>On December 23, you hand in a translation of the PCT
application into the English tongue.<br>
</li>
<li>On December 24, you hand in the inventor's declaration.<br>
</li>
<li>On December 25, you hand in the base national phase fee along
with the express request.<br>
</li>
</ul>
<p>In ordinary domestic practice this might incur not one but two
penalties -- one for handing in the translation on a different day
than the original application, and another for handing in the
declaration or fee on a different day than the original
application.</p>
<p>But as Dan correctly points out, with a 371 case you will not
incur any penalties for doing these four things on four different
days. <br>
</p>
<p>This situation of being able to do the four things on four
different days is not, however, linked to the timing of when (if
at all) you hand in your express request for immediate
national-phase processing. <br>
</p>
<p>It is extremely bad form for the practitioner to hand in the
express request <i><b>prior to</b></i> the date on which you had
handed in everything that is needed for US national-phase entry.
So in this case it would be extremely bad form to hand in the
express request prior to December 25. (It would also be a waste
of time to hand in the express request any later than December 25,
given that the following day is the last possible day in the
30-month period.)</p>
<p>While it is bad form to hand in the express request prematurely
(on these facts, prior to December 25), the bad form will not
trigger a penalty. It will only trigger earning of some bad karma
with the DO/EO/US.</p>
<p>Any reader who was not already completely familiar with all of
this might have somehow failed to attend the free-of-charge
Session 14 in the Schwegman lectures (
<a class="moz-txt-link-freetext" href="https://blog.oppedahl.com/the-2022-schwegman-advanced-pct-training/">https://blog.oppedahl.com/the-2022-schwegman-advanced-pct-training/</a>
) entitled "Best practices and procedure for US national-phase
entry". Here is what some attendees said about the Schwegman
lectures:</p>
<ul>
<li>I have been doing PCT applications for many years. Having said
that, I learned a great deal in the webinars. Carl is a great
presenter and obviously knows this subject very well. I would
recommend this set of webinars for anyone who deals with PCT
patent applications.</li>
<li>The seminar was very informative and I liked the speaker.</li>
<li>It was a good refresher course for someone like me who has
surface knowledge of PCT filings. I also enjoyed reading the
chats and learned a few things from them. It was the best 15
hours well spent.</li>
<li>This webinar series was fantastic. I would highly recommend it
to anyone who has any involvement with PCT applications,
regardless of level of experience.</li>
<li>Carl is very good!</li>
<li>The sessions were so informative, and Carl really is the
master.</li>
<li>Carl was an amazing teacher. Always great to hear from him.</li>
<li>This was an excellent series of lectures on the PCT system.</li>
<li>Carl is very knowledgeable and hilarious. He gave the lessons
about PCT, how to be responsible at work, how to face with
problems and how to solve them, a respectful gentlemen for
kindness as well.</li>
<li>I’ve been practicing patent law for about 35 years. This was
the most useful CLE program I’ve ever attended.</li>
<li>The presentation was very clear and helpful. I appreciated
that it was understandable to a neophyte.</li>
<li>Thanks so much for this very informative seminar series.</li>
<li>Carl did a wonderful job, as always! This was very valuable
material.</li>
</ul>
<p>Fortunately it is possible to binge-watch all fourteen hours of
this PCT training, all free of charge. Just go to
<a class="moz-txt-link-freetext" href="https://blog.oppedahl.com/the-2022-schwegman-advanced-pct-training/">https://blog.oppedahl.com/the-2022-schwegman-advanced-pct-training/</a>
and start clicking.<br>
</p>
<br>
<div class="moz-cite-prefix">On 12/23/2023 11:06 PM, Dan Feigelson
via Patentcenter wrote:<br>
</div>
<blockquote type="cite"
cite="mid:b504346d-1fd2-49ec-8137-75cd8f848331@smtp-relay.sendinblue.com">
<meta http-equiv="content-type" content="text/html; charset=UTF-8">
<img
src="https://gcfagjf.r.bh.d.sendibt3.com/tr/op/tnZOdTeHJoO2uq5eBMBqbTjRKrrEkSZF1i753BE8wjPxzV2rGMEqWqjENKvWcspuZntL6KGJSjAKVndmLC1JmsoA0jM6OOTc1gVJZyQzjgGYY0iMkTej7VcSK3qIjNEaexc0AKvQPYKsgFuEIWRynp4XAzK_7Xjv7fpZHCiRyGelxliStTutpo6t6RDaNOS40HIFW2roury_jRhXLKNPvLeLEeMQZFpD2Q"
moz-do-not-send="true" width="1" height="1">
<div dir="ltr">
<div dir="ltr">
<div>Someone correct me if I'm wrong, but IIRC if you're not
filing at the 30 month deadline but a few days before, and
don't file the form 1390 telling the PTO to start processing
the national phase immediately, you still have until the 30
month deadline to pay the fees (and file the inventor
declarations if you haven't yet done so) without incurring
the late payment surcharge.</div>
</div>
<br>
<div class="gmail_quote">
<div dir="ltr" class="gmail_attr">On Fri, Dec 22, 2023 at
10:09 PM Katherine Koenig via Patentcenter <<a
href="mailto:patentcenter@oppedahl-lists.com"
moz-do-not-send="true" class="moz-txt-link-freetext">patentcenter@oppedahl-lists.com</a>>
wrote:<br>
</div>
<blockquote class="gmail_quote"
style="margin:0px 0px 0px 0.8ex;border-left:1px solid rgb(204,204,204);padding-left:1ex">
<div class="msg-4027318038558302266">
<div style="overflow-wrap: break-word;" lang="EN-US">
<div class="m_-4027318038558302266WordSection1">
<p class="MsoNormal">I just filed a 371 application
and clicked the pay fees button. The payment page
won’t load. What’s the best way to pay the fees
online for this application today? Thanks so much!
</p>
<p class="MsoNormal"> </p>
<p class="MsoNormal"><span
style="font-size:12pt;font-family:"Corbel",sans-serif;color:black">Best
regards,</span></p>
<p class="MsoNormal"><span
style="font-size:12pt;font-family:"Corbel",sans-serif;color:black"> </span></p>
<p class="MsoNormal"><span
style="font-size:12pt;font-family:"Corbel",sans-serif;color:black">Katherine</span></p>
<p class="MsoNormal"><span
style="font-size:12pt;font-family:"Corbel",sans-serif;color:black"> </span><br>
</p>
</div>
</div>
</div>
</blockquote>
</div>
</div>
<br>
<fieldset class="moz-mime-attachment-header"></fieldset>
</blockquote>
</body>
</html>