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…

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…

What happens if an international application designating the US is withdrawn? If an international application designating the United States is withdrawn or considered withdrawn, either generally or as to the United States, it cannot serve as the basis for priority in a subsequent U.S. application.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…