What is the effect of an international application designating the United States?

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.

An international application designating the United States has significant effects as outlined in MPEP 1810 and 35 U.S.C. 363:

For applications subject to the America Invents Act (AIA):

“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 as if it were a national US patent application from its international filing date, providing important benefits for applicants seeking patent protection in the United States through the PCT system.