Question 40
Domain 4: Post-Grant Proceedings, Appeals, and International Patent LawUnder the patent cooperation treaty (PCT), an international application enters the national phase within how many months from the priority date?
Correct answer: C
Explanation
Under the PCT, an applicant must enter the national phase by the deadline measured from the priority date, which is generally "30 months" in many designated states. This is the period after which the international application is taken up in each national office for examination under local law.
Why each option is right or wrong
A. 12 months
B. 18 months
C. 30 months
PCT Article 22(1) sets the standard national-phase deadline at 30 months from the priority date for each designated Office, unless that Office has prescribed an earlier time limit. The applicant must therefore take the required national steps—such as furnishing the translation, fees, and any required copy—by the 30-month mark to avoid loss of effect in that jurisdiction.
D. 36 months