What is the National Phase?
The National Phase is the stage in the Patent Cooperation Treaty (PCT) process where an applicant enters specific national or regional patent offices to seek protection in individual jurisdictions. This phase follows the International Phase of a PCT application and requires the applicant to comply with each country’s filing requirements, fees, and translations within a set timeframe (usually 30 or 31 months from the priority date).
Since the PCT does not grant international patents, the National Phase is essential for securing enforceable patent rights in chosen countries.
Why the National Phase matters for Businesses and Inventors?
The National Phase is critical for:
- Securing patent rights in target markets – Applicants select countries where they want exclusive protection.
- Assessing commercial viability – Delays national filings while allowing businesses to evaluate potential markets.
- Managing costs strategically – Provides time to secure funding before committing to expensive national filings.
- Ensuring legal enforceability – A PCT application alone does not grant rights—only patents granted at the National Phase are enforceable.
How the National Phase works?
1. Deadline for National Phase Entry
- The deadline is typically 30 months from the earliest priority date, but some countries allow up to 31 months.
- Missing the deadline may result in loss of patent rights unless a country provides late entry provisions.
2. Filing at National or Regional Offices
- Applicants must file individual applications in each chosen country or regional office (e.g., the European Patent Office (EPO) for multiple European countries).
- Each office conducts its own examination before granting a patent.
3. Meeting Local Requirements
Applicants must comply with:
- Translation requirements – Some countries require applications to be translated into their official language.
- National filing fees – Fees vary by country and may include examination, search, and maintenance fees.
- Patent office procedures – National offices conduct substantive examinations to determine patentability based on local laws.
Example: A U.S. tech company files a PCT application for an AI-driven cybersecurity method. At 30 months, the company enters the National Phase in the United States, Canada, Japan, and Germany, paying the required fees and submitting translations to continue the patent process in those regions.
National Phase vs. International Phase
| Factor | International Phase (PCT) | National Phase |
| Scope | Single application covering multiple countries | Separate applications for each selected country |
| Patent Grant | No patents granted, only an International Search Report (ISR) | National patent offices examine and grant patents |
| Filing Requirements | One set of documents filed centrally | National filings require compliance with local laws |
| Cost | Lower initial cost | Higher costs due to multiple filings, translations, and fees |
| Deadline | Up to 30-31 months to enter National Phase | Strict country-specific deadlines apply |
Challenges in the National Phase
While the PCT system streamlines international filings, the National Phase presents challenges:
- High costs – Filing in multiple countries can be expensive due to translation, attorney, and government fees.
- Complex regulations – Each country has unique patentability requirements, examination procedures, and deadlines.
- Risk of rejection – A patent granted in one country may still be rejected in another based on local laws.
- No automatic protection – The PCT application provides a filing advantage, but patents are only enforceable once granted in each jurisdiction.
Strategic Business use of the National Phase
Companies and inventors approach the National Phase strategically by:
- Choosing key markets based on commercial potential, competition, and enforcement strength.
- Prioritizing cost-effective jurisdictions to optimize patent coverage within budget constraints.
- Monitoring national examination progress to make informed decisions about prosecution and potential licensing.
- Leveraging regional patent systems like the EPO (Europe) or ARIPO (Africa) to cover multiple countries with fewer applications.
Key takeaways
- The National Phase is the critical step where a PCT application is converted into enforceable patents in selected countries.
- Applicants must meet each country’s legal, translation, and fee requirements within 30 or 31 months of the priority date.
- Strategic planning is essential to balance cost, market potential, and legal enforceability.
Frequently Asked Questions on the National Phase
1. What is the national phase in the Patent Cooperation Treaty (PCT) process?
The national phase is the stage where an applicant enters individual countries or regions to seek patent protection after filing a PCT application. Each country examines the application based on its national laws before granting a patent.
2. When must an applicant enter the national phase?
Applicants must enter the national phase within 30 or 31 months from the priority date, depending on the country’s rules. Missing the deadline may result in losing the chance to obtain a patent in that country.
3. What are the costs associated with the national phase?
National phase costs include filing fees, translation costs (if required), patent attorney fees, and examination fees. The total cost varies by country, and applicants should budget accordingly for multiple jurisdictions.
4. Can claims be amended during the national phase?
Yes, applicants can amend claims during the national phase to comply with local patent laws or improve patentability. However, amendments must stay within the scope of the original PCT application to be accepted.