Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
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