Why Bypass Continuation Is Best For Nat'l Phase Patent Entry

By Karam Saab (July 27, 2021, 5:28 PM EDT) -- The U.S. is unique in that a Patent Cooperation Treaty, or PCT, application can enter national phase examination via two distinct routes: as a national phase application under Title 35 of the U.S. Code, Section 371, or as a bypass continuation application.

The applicable laws and regulations vary for each of these routes, but, in practice, is examination handled differently by the U.S. Patent and Trademark Office? Should applicants alter their U.S. national phase entry strategy to account for these variances? Analysis reveals several potential advantages gained by using bypass continuations as the preferred vehicle for U.S. national phase entry.[1]

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