What is the “bypass” route for national stage entry under 35 U.S.C. 371?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 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. What is the “bypass” route for national stage entry under 35 U.S.C. 371? The “bypass” route refers to a method of entering the national stage in the United States without complying with the requirements of 35 U.S.C. 371. As stated in the MPEP: “ It is possible to “bypass” the international stage and file a national application claiming priority from the international application under 35 U.S.C. 365(c). ” ( MPEP 1893.03 ) This means that an applicant can file a regular U.S. national application under 35 U.S.C. 111(a) instead of entering the national stage under 35 U.S.C. 371. The bypass route can be advantageous in certain situations, such as when an applicant wants to avoid some of the requirements specific to national stage applications or desires to file continuation or divisional applications. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Amendments to National Stage Applications After Commencement MPEP 1893.03 Permitted Include International Filing Date for National Stage Applications MPEP 1893 Recommended National Stage Application Timing and Art Status MPEP 1893 Use U.S. Application Number for National Stage Communications MPEP 1893 Recommended Four Types of U.S. National Applications Defined MPEP 1893 Prior Art Known Before National Stage Begins MPEP 1893 Search and Examination Fees Must Be Paid for National Stage Applications MPEP 1893.03 National Stage Prosecution Like Domestic Applications MPEP 1893.03 U.S. Application Number Required for National Stage Processing MPEP 1893 Application Forwarded to Appropriate TC Based on National Stage Entry Date MPEP 1893.03 Other Related FAQs 5 FAQs Collapse Why does MPEP 602.07 refer to MPEP § 1893.01(e)? What is...