What is a ‘bypass’ application and how does it relate to international applications?

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 is:

• A regular national application filed under 35 U.S.C. 111(a) and 37 CFR 1.53(b)
• It claims benefit of an international application’s filing date without entering the national stage under 35 U.S.C. 371
• It can be filed as a continuation, divisional, or continuation-in-part of the international application

MPEP 211.01(c) explains: “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.”