What is a “bypass” application in the context of PCT applications?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 4 Related FAQs 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 refers to the filing of a continuation, divisional, or continuation-in-part application of a PCT application designating the United States. This is based on the provisions of U.S. patent law, specifically 35 U.S.C. 363 and 35 U.S.C. 365(c) . As stated in the MPEP, “ The filing of a continuation, divisional, or continuation-in-part application of a PCT application designating the United States is known as a “bypass” application. ” This allows applicants to file a U.S. national application under 35 U.S.C. 111(a) during the pendency of an international application without completing the national stage entry requirements under 35 U.S.C. 371(c). Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Continuation, Divisional, or Continuation-in-Part of PCT Designating US Is a Bypass Application MPEP 1895 Filing U.S. National Application During Pendency of International Application MPEP 1895 National Application Entitled to International Filing Date MPEP 1895 Required International Application Has Effect of U.S. Application MPEP 1895 Required Documents and Fees for National Stage Entry Required MPEP 1893.01 Required Requirement for Adding New Matter Not Supported by International Application MPEP 1895 Prohibited Translation Required for National Stage Entry MPEP 1893.01(a)(1) Required Documents and Fees for National Stage Entry Required Within Time Limit MPEP 1893.01 Required Later Application Must Be Filed Before First Abandonment MPEP 1895 Requirement for National Stage Entry Within 30 Months MPEP 1801 Required Other Related FAQs 4 FAQs Collapse How does the abandonment of a PCT application affect its status as a US application? What effect does a PCT...