What is a ‘bypass’ application in patent law?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 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. A ‘bypass’ application refers to a continuation, divisional, or continuation-in-part of an international (PCT) application filed under 35 U.S.C. 111(a) instead of entering the national stage under 35 U.S.C. 371 . As stated in MPEP 211.01(c) : Rather than submitting a national stage application under 35 U.S.C. 371, applicant may file a continuation, divisional, or continuation-in-part of an international (PCT) application under 35 U.S.C. 111(a). Such applications are often referred to as ‘bypass’ applications. This option allows applicants to claim the benefit of an international application’s filing date while following the procedures for regular national applications. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Bypass Application for International Filing Date MPEP 211.01(c) Permitted Benefit Under 35 U.S.C. 386(c) for Design Applications Filed on or After May 13, 2015 MPEP 211 Claiming Benefit of Prior Applications MPEP 211 Permitted Claiming Benefit of Prior Filed Provisional Application MPEP 211 Permitted PCT International Application Filing Before November 29, 2000 MPEP 211 Amendment Required for Earlier Filing Date Benefit MPEP 211 Required Claiming Benefit of AIA Effective Date MPEP 211 Required Identification of Application by Number Required for Reference MPEP 211 Required Requirement for No Later Filing Date Claim MPEP 211 Claiming Benefit of Common Ownership for Patentably Indistinct Claims During Reexamination MPEP 211 Other Related FAQs 5 FAQs Collapse What happens if an international application designating the US is published in a language other than English? How does claiming benefit of an international application affect the patent term? What...