Can I request prioritized examination for a PCT application entering the national stage?

Prioritized examination is not directly available for PCT applications entering the national stage under 35 U.S.C. 371. However, there are two alternative approaches:

1. File a request for continued examination (RCE) after national stage entry and then request prioritized examination for the RCE.
2. File a bypass continuation application under 35 U.S.C. 111(a) claiming priority to the PCT application, and request prioritized examination for this new application.

The MPEP states, The procedure for prioritized examination does not apply to international applications that have entered the national stage under 35 U.S.C. 371, except that such an application may undergo prioritized examination if an RCE is filed.

For the bypass continuation option, the MPEP notes, An applicant who has filed an international application may participate in the prioritized examination program by filing a by-pass continuation; i.e., a new application filed in the United States under 35 U.S.C. 111(a) that claims the benefit of the earlier international application under 35 U.S.C. 365(c), rather than entering the national stage under 35 U.S.C. 371.

To learn more:

• prioritized examination
• PCT applications
• national stage entry
• bypass continuation