What is the “bypass” route for national stage entry under 35 U.S.C. 371?
What is the “bypass” route for national stage entry under 35 U.S.C. 371?
The “bypass” route refers to a method of entering the national stage in the United States without complying with the requirements of 35 U.S.C. 371. As stated in the MPEP:
“It is possible to “bypass” the international stage and file a national application claiming priority from the international application under 35 U.S.C. 365(c).” (MPEP 1893.03)
This means that an applicant can file a regular U.S. national application under 35 U.S.C. 111(a) instead of entering the national stage under 35 U.S.C. 371. The bypass route can be advantageous in certain situations, such as when an applicant wants to avoid some of the requirements specific to national stage applications or desires to file continuation or divisional applications.
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