What is the difference between a national application and an international application according to MPEP 201.01?

MPEP 201.01 distinguishes between national applications and international applications:

  • National applications are filed directly with the USPTO under 35 U.S.C. 111(a) or enter the national stage from an international application after complying with 35 U.S.C. 371.
  • International applications are filed under the Patent Cooperation Treaty (PCT).

The MPEP states: The term ‘national application’ as used in this title refers to a U.S. national application for patent which was either filed in the Office under 35 U.S.C. 111, or which entered the national stage from an international application after compliance with 35 U.S.C. 371. (MPEP 201.01)

International applications become national applications when they enter the national stage in a specific country, such as the United States. This process involves meeting the requirements of 35 U.S.C. 371.

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

For more information on national stage entry, visit: national stage entry.

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority, MPEP 201 - Types of Applications, Patent Law, Patent Procedure
Tags: international applications, national stage entry