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

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.”

Topics: MPEP 200 - Types and Status of Application; Benefit and Priority Claims, MPEP 211 - Claiming the Benefit of an Earlier Filing Date Under 35 U.S.C. 120 and 119(e), Patent Law, Patent Procedure
Tags: bypass application, continuation-in-part application, international applications, PCT applications