Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
Here’s the complete FAQ:
MPEP 200 - Types and Status of Application; Benefit and Priority (3)
An international application designating the United States has significant legal effects under U.S. patent law. According to MPEP 211.01(c), which cites 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 from its international filing date, the application is treated as if it were a pending U.S. application. The MPEP further clarifies:
It is therefore clear that an international application which designates the United States has the effect of a pending U.S. application from the international application filing date until its abandonment as to the United States.
This status continues until the application is either granted as a patent, abandoned, or the proceedings are terminated. This provision allows applicants to claim the benefit of the international filing date in subsequent U.S. applications, subject to meeting other statutory requirements.
To learn more:
What happens if an international application designating the US is withdrawn?
If an international application designating the United States is withdrawn or considered withdrawn, either generally or as to the United States, it cannot serve as the basis for priority in a subsequent U.S. application. The MPEP states:
“An international application designating the United States that withdraws the U.S. designation prior to fulfilling the requirements of 35 U.S.C. 371(c) cannot serve as a basis for priority in a subsequent U.S. national application.”
This means that if the international application is withdrawn before meeting the requirements for entering the national stage in the U.S., it cannot be used as a priority claim in a later U.S. application. It’s important for applicants to carefully consider the implications of withdrawing an international application, especially if they plan to seek patent protection in the United States later.
To learn more:
To claim the benefit of an international application’s filing date, the following conditions must be met according to MPEP 211.01(c):
- The international application must designate the United States
- The international application must be entitled to a filing date in accordance with PCT Article 11
- The later-filed application must be filed during the pendency of the international application (i.e., prior to its abandonment)
The MPEP states:
To claim the benefit of the filing date of an international application, the international application must designate the United States and be entitled to a filing date in accordance with PCT Article 11, and the later-filed application must be filed during the pendency (e.g., prior to the abandonment) of the international application.
This provision is based on 35 U.S.C. 365(c), which allows national applications to benefit from prior international applications designating the United States, subject to the conditions of 35 U.S.C. 120.
To learn more:
Patent Law (3)
An international application designating the United States has significant legal effects under U.S. patent law. According to MPEP 211.01(c), which cites 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 from its international filing date, the application is treated as if it were a pending U.S. application. The MPEP further clarifies:
It is therefore clear that an international application which designates the United States has the effect of a pending U.S. application from the international application filing date until its abandonment as to the United States.
This status continues until the application is either granted as a patent, abandoned, or the proceedings are terminated. This provision allows applicants to claim the benefit of the international filing date in subsequent U.S. applications, subject to meeting other statutory requirements.
To learn more:
What happens if an international application designating the US is withdrawn?
If an international application designating the United States is withdrawn or considered withdrawn, either generally or as to the United States, it cannot serve as the basis for priority in a subsequent U.S. application. The MPEP states:
“An international application designating the United States that withdraws the U.S. designation prior to fulfilling the requirements of 35 U.S.C. 371(c) cannot serve as a basis for priority in a subsequent U.S. national application.”
This means that if the international application is withdrawn before meeting the requirements for entering the national stage in the U.S., it cannot be used as a priority claim in a later U.S. application. It’s important for applicants to carefully consider the implications of withdrawing an international application, especially if they plan to seek patent protection in the United States later.
To learn more:
To claim the benefit of an international application’s filing date, the following conditions must be met according to MPEP 211.01(c):
- The international application must designate the United States
- The international application must be entitled to a filing date in accordance with PCT Article 11
- The later-filed application must be filed during the pendency of the international application (i.e., prior to its abandonment)
The MPEP states:
To claim the benefit of the filing date of an international application, the international application must designate the United States and be entitled to a filing date in accordance with PCT Article 11, and the later-filed application must be filed during the pendency (e.g., prior to the abandonment) of the international application.
This provision is based on 35 U.S.C. 365(c), which allows national applications to benefit from prior international applications designating the United States, subject to the conditions of 35 U.S.C. 120.
To learn more:
Patent Procedure (3)
An international application designating the United States has significant legal effects under U.S. patent law. According to MPEP 211.01(c), which cites 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 from its international filing date, the application is treated as if it were a pending U.S. application. The MPEP further clarifies:
It is therefore clear that an international application which designates the United States has the effect of a pending U.S. application from the international application filing date until its abandonment as to the United States.
This status continues until the application is either granted as a patent, abandoned, or the proceedings are terminated. This provision allows applicants to claim the benefit of the international filing date in subsequent U.S. applications, subject to meeting other statutory requirements.
To learn more:
What happens if an international application designating the US is withdrawn?
If an international application designating the United States is withdrawn or considered withdrawn, either generally or as to the United States, it cannot serve as the basis for priority in a subsequent U.S. application. The MPEP states:
“An international application designating the United States that withdraws the U.S. designation prior to fulfilling the requirements of 35 U.S.C. 371(c) cannot serve as a basis for priority in a subsequent U.S. national application.”
This means that if the international application is withdrawn before meeting the requirements for entering the national stage in the U.S., it cannot be used as a priority claim in a later U.S. application. It’s important for applicants to carefully consider the implications of withdrawing an international application, especially if they plan to seek patent protection in the United States later.
To learn more:
To claim the benefit of an international application’s filing date, the following conditions must be met according to MPEP 211.01(c):
- The international application must designate the United States
- The international application must be entitled to a filing date in accordance with PCT Article 11
- The later-filed application must be filed during the pendency of the international application (i.e., prior to its abandonment)
The MPEP states:
To claim the benefit of the filing date of an international application, the international application must designate the United States and be entitled to a filing date in accordance with PCT Article 11, and the later-filed application must be filed during the pendency (e.g., prior to the abandonment) of the international application.
This provision is based on 35 U.S.C. 365(c), which allows national applications to benefit from prior international applications designating the United States, subject to the conditions of 35 U.S.C. 120.
To learn more: