Patent Law FAQ

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

Here’s the complete FAQ:

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MPEP 200 - Types and Status of Application; Benefit and Priority (1)

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.

To learn more:

MPEP 200 - Types and Status of Application; Benefit and Priority Claims (1)

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.”

MPEP 211 - Claiming the Benefit of an Earlier Filing Date Under 35 U.S.C. 120 and 119(e) (1)

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.”

Patent Law (2)

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.

To learn more:

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.”

Patent Procedure (2)

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.

To learn more:

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.”