Legal Definitions - international application originating in the United States

An international application originating in the United States refers to a patent application filed by an inventor or company based in the United States, or an application that claims its initial filing date from a patent application first filed in the United States. This type of application then seeks patent protection in multiple countries simultaneously through an international treaty system, most commonly the Patent Cooperation Treaty (PCT). This process allows U.S. innovators to streamline the complex process of seeking patent rights globally.

Here are some examples illustrating this concept:

• Example 1: A U.S. Software Company
  A software development company based in Seattle, Washington, invents a revolutionary new data compression algorithm. To protect their intellectual property in all major global markets, including Europe, Japan, and South Korea, they file an international patent application through the PCT system. This single application allows them to pursue patent rights in many countries without filing separate applications in each one immediately.

  Explanation: This is an "international application" because it utilizes a treaty system (PCT) to seek protection in multiple countries. It "originates in the United States" because the company filing the application is based in the U.S.

• Example 2: An Individual U.S. Inventor
  An independent inventor living in Florida develops an innovative device for renewable energy. After filing a provisional patent application with the U.S. Patent and Trademark Office (USPTO) to establish an early filing date, they decide to seek patent protection in Canada, Australia, and several European nations. They then file an international application, claiming priority from their initial U.S. provisional filing, to simplify the process of entering these foreign markets.

  Explanation: This is an "international application" because it uses a global system to pursue patent protection abroad. It "originates in the United States" because the inventor is a U.S. resident and the application claims its foundational filing date from an earlier U.S. patent application.

• Example 3: A U.S. University Research Team
  A research team at a university in California discovers a novel compound with significant medical applications. To ensure broad protection for their discovery before licensing it to a pharmaceutical company, the university's technology transfer office files an international application. This allows them to reserve the option to seek patents in numerous countries worldwide, including emerging markets, from a single initial filing.

  Explanation: The application "originates in the United States" because the university and its research team are based in California. It is an "international application" because it is filed under a global system (like the PCT) to pursue patent protection in a multitude of countries.