How does an international application designating the United States affect the application process?

An international application designating the United States has significant effects on the application process:

• It is treated as a national application from its international filing date.
• It follows different rules for restriction practice and unity of invention.
• It has different notification procedures for incomplete applications.

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.”

However, as noted in MPEP 201.01: “Treatment of a national application under 35 U.S.C. 111 and a national stage application (a national application which entered the national stage from an international application in which the conditions of 37 CFR 1.9(a)(1) have been satisfied) are similar but not identical.” For example, unity of invention practice applies to national stage applications, while restriction practice applies to applications filed under 35 U.S.C. 111(a).

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