How does an international application designating the United States affect national patent rights?

An international application designating the United States has significant effects on national patent rights. According to 35 U.S.C. 363:

An international application designating the United States shall have the effect, from its international filing date under article 11 of the treaty, of a national application for patent regularly filed in the Patent and Trademark Office.

This means that an international application (PCT application) that designates the US is treated similarly to a national application filed under 35 U.S.C. 111. However, there are some differences in treatment between national applications and national stage applications (which enter the national stage from an international application). For example:

• Restriction practice applies to national applications, while unity of invention practice applies to national stage applications
• Different notification practices apply to incomplete applications in each case

For detailed information on the examination of international applications in the national stage, refer to MPEP § 1893.03.

For more information on international applications, visit: international applications.

For more information on patent rights, visit: patent rights.