What is an international application designating the United States?
An international application designating the United States is a patent application filed under the Patent Cooperation Treaty (PCT) that includes the United States as a designated country. The MPEP cites 35 U.S.C. 363, which states:
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 an international application designating the US is treated similarly to a national application filed directly with the USPTO. However, there are some differences in processing and examination procedures between national applications under 35 U.S.C. 111 and national stage applications that enter from international applications.
For example, the MPEP notes that restriction practice applies to national applications under 35 U.S.C. 111(a), while unity of invention practice applies to national stage applications from PCT applications.
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