How does a national application differ from an international application?

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.

A national application differs from an international application in several key aspects:

• Filing Authority: National applications are filed directly with the United States Patent and Trademark Office (USPTO), while international applications are filed under the Patent Cooperation Treaty (PCT).
• Legal Basis: National applications are filed under 35 U.S.C. 111(a), as stated in MPEP 201.01: ‘A national application may be filed under 35 U.S.C. 111(a) in the U.S. Patent and Trademark Office (USPTO)…’
• Geographical Scope: National applications are specific to the United States, while international applications can potentially provide patent protection in multiple countries.
• Examination Process: National applications enter the USPTO examination queue directly, whereas international applications have an international phase before entering national phases in designated countries.

Understanding these differences is crucial for inventors and legal representatives when deciding on their patent filing strategy.

For more information on USPTO, visit: USPTO.