For an international application to use its international filing date as a 102(e) date, which condition must be met?

To allow an international application to claim its filing date as a 102(e) date, it is essential that the application designates the United States as a contracting state and is published in the English language. This requirement is rooted in the necessity for the U.S. Patent Office to be able to evaluate and reference the prior art disclosed in the international application.

Designating the U.S. ensures that the application is part of the international treaty obligations that allow its contents to be considered for U.S. patent examination. Additionally, publishing in English facilitates access to the document by patent examiners and others interested in the prior art in the United States. This dual requirement is crucial for the application to be recognized effectively under U.S. patent law, particularly in determining novelty and non-obviousness against later-filed applications.

While other options mention specific conditions, they do not align with the established requirements for utilizing an international filing date as a 102(e) date under U.S. patent law. Thus, the correct answer focuses on the combination of designating the U.S. and publication in English, which directly supports the legal framework for claiming that earlier filing date.