美國專利法第371條

美國專利法第371條規範國際申請案（PCT）進入美國國家階段的程序

(a) 接收國際專利局所寄送的國際申請案，包括權利範修正、國際檢索報告（search report）、國際先前審查報告（preliminary examination report）；

(b) 如本段(f)，進入國家階段的期限規定於PCT 22(1),(2), 39(1)(a)

(c) 申請人應於USPTO提出申請，並且：
(1) 繳費；
(2) 提出國際申請案副本（或是透過國際專利局）、英文翻譯
(3) 修正，包括英文翻譯
(4) 宣誓書
(5) 國際先前審查報告的英文翻譯（如果報告是用非英語寫的）（據此，所以國際申請案進入美國國家階段時，可包括之前的修正，權利範圍無須一致，只要內容有支持即可）

(d) 上述費用、翻譯、宣誓書應要符合要求，國際申請案副本應於進入國家階段時提出，若沒有符合上述要求將會導致拋棄（abandonment），除非是透過專利局主管認同這些不能符合的部份為不可避免的問題，若是修正不符規定，則會導致修正無效

(e) 進入美國國家階段後，除了申請人表達同意外，若有PCT 28, 41（下有註解）的問題，應在期限內不會有任何核准或是拒絕的專利；進入國家階段之後，申請人可提出說明書、權利範圍與圖式的修正

(f) 基於申請人請求，國際申請案符合上述(c)要件後，該案國家階段開始

[原文]§371. National stage: Commencement

(a) Receipt from the International Bureau of copies of international applications with any amendments to the claims, international search reports, and international preliminary examination reports including any annexes thereto may be required in the case of international applications designating or electing the United States.

(b) Subject to subsection (f) of this section, the national stage shall commence with the expiration of the applicable time limit under article 22(1) or (2), or under article 39(1)(a) of the treaty[.]

(c) The applicant shall file in the Patent and Trademark Office—(1) the national fee provided in section 41(a) of this title [35 USC 41(a)]; (2) a copy of the international application, unless not required under subsection (a) of this section or already communicated by the International Bureau, and a translation into the English language of the international application, if it was filed in another language; (3) amendments, if any, to the claims in the international application, made under article 19 of the treaty, unless such amendments have been communicated to the Patent and Trademark Office by the International Bureau, and a translation into the English language if such amendments were made in another language; (4) an oath or declaration of the inventor (or other person authorized under chapter 11 of this title [35 USC § §111 et seq.]) complying with the requirements of section 115 of this title [35 USC 115] and with regulations prescribed for oaths or declarations of applicants; (5) a translation into the English language of any annexes to the international preliminary examination report, if such annexes were made in another language.

(d) The requirements with respect to the national fee referred to in subsection (c)(1), the translation referred to in subsection (c)(2), and the oath or declaration referred to in subsection (c)(4) of this section shall be complied with by the date of the commencement of the national stage or by such later time as may be fixed by the Director. The copy of the international application referred to in subsection (c)(2) shall be submitted by the date of the commencement of the national stage. Failure to comply with these requirements shall be regarded as abandonment of the application by the parties thereof, unless it be shown to the satisfaction of the Director that such failure to comply was unavoidable. The payment of a surcharge may be required as a condition of accepting the national fee referred to in subsection (c)(1) or the oath or declaration referred to in subsection (c)(4) of this section if these requirements are not met by the date of the commencement of the national stage. The requirements of subsection (c)(3) of this section shall be complied with by the date of the commencement of the national stage, and failure to do so shall be regarded as a cancellation of the amendments to the claim in the international application made under article 19 of the treaty. The requirement of subsection (c)(5) shall be complied with at such time as may be fixed by the Director and failure to do so shall be regarded as cancellation of the amendments made under article 34(2)(b) of the treaty.

(e) After an international application has entered the national stage, no patent may be granted or refused thereon before the expiration of the applicable time limit under article 28 or article 41 of the treaty, except with the express consent of the applicant. The applicant may present amendments to the specification, claims, and drawings of the application after the national stage has commenced.

(f) At the express request of the applicant, the national stage of processing may be commenced at any time at which the application is in order for such purpose and the applicable requirements of subsection (c) of this section have been complied with.

PCT 28（進入國家階段後，PCT當局會將該申請案的問題同時也提交給指定申請的國家）

Rule 28 Defects Noted by the International Bureau

28.1 Note on Certain Defects

(a) If, in the opinion of the International Bureau, the international application contains any of the defects referred to in Article 14(1)(a)(i), (ii) or (v), the International Bureau shall bring such defects to the attention of the receiving Office. (b) The receiving Office shall, unless it disagrees with the said opinion, proceed as provided in Article 14(1)(b) and Rule 26.

PCT 41（進入國家階段後，PCT當局會一併提供國際檢索報告，指定國家可使用此檢索報告；如果指定國引用全部或部份該國際檢索報告，應退還已繳的檢索費用，比如檢索專利局即為指定國的專利局）

Rule 41 Earlier Search Other than International Search

41.1 Obligation to Use Results; Refund of Fee

If reference has been made in the request, in the form provided for in Rule 4.11, to an international-type search carried out under the conditions set out in Article 15(5) or to a search other than an international or international-type search, the International Searching Authority shall, to the extent possible, use the results of the said search in establishing the international search report on the international application. The International Searching Authority shall refund the search fee, to the extent and under the conditions provided for in the agreement under Article 16(3)(b) or in a communication addressed to and published in the Gazette by the International Bureau, if the international search report could wholly or partly be based on the results of the said search.

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