What is the effect of international publication on patent rights?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs 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. The international publication of a PCT application has several important effects on patent rights: It establishes provisional protection in designated States, similar to the effect of national publication of a national application. In the United States, it confers the right to reasonable royalty protection under 35 U.S.C. 154(d) . The published application can serve as prior art as of its international filing date for novelty and inventive step considerations. As stated in MPEP 1857 : “The international publication of a PCT application designating the United States has the same effect as publication of a United States application under 35 U.S.C. 122(b).” Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Effect of International Publication Timing MPEP 1857 Required Effects of International Publication Match National Publication MPEP 1857 Required Publication Date Requirement for Designated States MPEP 1857 Required Publication of Date of Receipt Required MPEP 1857 Required International Publication Number Required for Each Application MPEP 1857 Required International Publication Number Required for Application MPEP 1857 Required International Application Designation as U.S. Publication MPEP 1857 Required International Publication Grants Provisional Protection MPEP 1823.01 International Applications Must Be Published MPEP 1857 Required International Search Report Must Be Published MPEP 1857 Required Other Related FAQs 5 FAQs Collapse How can I access published international applications? What information is included in a published international application? What happens if the international application is withdrawn before international publication? What information ...