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

For an international application to use its international filing date as a 102(e) date, it is essential that the application designates the United States and is published in English. This is because, under U.S. patent law, an international application can serve as a prior art reference under 35 U.S.C. § 102(e) if it meets specific criteria.

The designation of the U.S. ensures that the application is intended for consideration by the U.S. Patent and Trademark Office (USPTO). Additionally, the requirement for publication in English is crucial as it allows the USPTO to assess the disclosure within the application effectively. Only applications published in English provide the necessary access to information for U.S. patent examiners and the public, enabling meaningful prior art searches.

The other options do not fulfill the requirements needed for the international application to qualify for the 102(e) date. For example, the date before which the application must be filed (before 11/29/00) is outdated concerning current patent law. Filing as a provisional application does not relate to international applications directly and does not influence the 102(e) status. The condition of having been rejected previously is also not a requirement to utilize the international filing date for 102