Archive for the ‘Workaround Workshop’ Category

The name “Bypass Application” came about by how a US/PCT application is filed – i.e., when a bypass application is filed, the National Stage of a PCT application is bypassed.   Simply put, instead of filing a regular US national phase application, a new US application that is a continuation or continuation-in-part of the previously-filed & currently pending PCT application (with at least one common inventor) is filed.   Additional requirements also apply and should be reviewed before the filing of an application. 

When the person, name, address or citizenship of an applicant, applicant/inventor, inventor or agent changes during the prosecution of a PCT application, the Request to Correct the information should be filed directly with the International Bureau and not the US Receiving Office.

PCT Rule 92bis, includes the following language: “The International Bureau shall, on the request of the applicant or the receiving Office, record changes…”