What happens if an international application designating the US is withdrawn?

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.

If an international application designating the United States is withdrawn or considered withdrawn, either generally or as to the United States, it cannot serve as the basis for priority in a subsequent U.S. application.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This means that if the international application is withdrawn before meeting the requirements for entering the national stage in the U.S., it cannot be used as a priority claim in a later U.S. application.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.