How does the USPTO define an ‘international application’?

Source: FAQ (MPEP-Based)BlueIron Update: 2024-09-09

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

The term ‘international application’ is defined in 37 CFR 1.9(b). An international application typically refers to a patent application filed under the Patent Cooperation Treaty (PCT), which provides a unified procedure for filing patent applications to protect inventions in its contracting states.

Key points about international applications:

  • They are governed by the Patent Cooperation Treaty.
  • They can lead to national phase entries in multiple countries.
  • They provide a streamlined filing process for seeking patent protection internationally.
  • The specific definition in 37 CFR 1.9(b) should be consulted for precise legal terminology.

International applications are distinct from national applications and offer a pathway for inventors to seek protection in multiple countries through a single filing.

For more information on Patent Cooperation Treaty, visit: Patent Cooperation Treaty.

Topics: MPEP 200 – Types and Status of Application; Benefit and Priority MPEP 201 – Types of Applications Patent Law Patent Procedure
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