What is the effect of an international application designating the United States?
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 the Patent and Trademark Office.
This means that from its international filing date, the application is treated as if it were a pending U.S. application. The MPEP further clarifies:
It is therefore clear that an international application which designates the United States has the effect of a pending U.S. application from the international application filing date until its abandonment as to the United States.
This status continues until the application is either granted as a patent, abandoned, or the proceedings are terminated. This provision allows applicants to claim the benefit of the international filing date in subsequent U.S. applications, subject to meeting other statutory requirements.
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