As a consequence of the America Invents Act (AIA), 37 CFR 1

As a consequence of the America Invents Act (AIA), 37 CFR 1

Where the basic national fee has been paid and the copy of the international application (if required) has been received not later than the expiration of 30 months from the priority date, but applicant has omitted any required item set forth in 37 CFR 1.495(c)(1), the Office will process the national stage application in accordance with the provisions of 37 CFR 1.495 in effect for that application. 495 was amended to permit postponement of the submission of the inventor's oath or declaration under certain conditions and is applicable to national stage applications having an international filing date on or after . For national stage applications having an international filing date prior to , the pre-AIA version of 37 CFR 1.495 remains in effect.

If the international filing date is prior to and the basic national fee has been paid and the copy of the international application (if required) has been received not later than the expiration of 30 months from the priority date, but the required oath or declaration, translation, search fee (37 CFR 1.492(b)), examination fee (37 CFR 1.492(c)), or application size fee (37 CFR 1.492(j)) has not been filed prior to commencement of the national stage (see MPEP § ), the Office will send applicant a notice identifying any deficiency and provide a period of time to correct the deficiency as set forth in 37 CFR 1.495(c).

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