What is the U.S. stance on international publication under the PCT?
The United States has declared that international publication is not required for PCT applications where the U.S. is the only designated state. This is based on PCT Article 64(3), which states: “Accordingly, under PCT Article 64(3)(b), if the United States is the only PCT Contracting State designated in an international application, the international application will not be published by the International Bureau (IB) at 18 months.”
However, it’s important to note that if the application enters the national stage in the U.S., it will be published under 35 U.S.C. 122(b), and again if it is allowed to issue as a U.S. patent.
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