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