The Patent Shoppe
  • Home
  • Firm Information
    • Areas of Practice
    • Firm Philosophy
    • Services and Pricing
  • Personnel
    • Patrick J. Lavender
  • Insight
  • Links
  • Contact Us

What other differences should be evaluated when deciding to file a U.S. national phase application versus a bypass application?

6/19/2017

 
-A U.S. national phase application will be examined under the international "unity of invention" standard, while a bypass application will be examined under U.S. restriction practice.

-When filing a national phase application (subject to certain limitations), you would not ordinarily need to submit a new IDS for references cited in the International Search Report and corresponding Written Opinion, whereas you would if you instead filed a bypass application. 

-When filing a national phase application (subject to certain limitations), you would not ordinarily need to submit a copies of foreign priority documents (you will likely need to submit verified translations however).  You will need to submit such copies if you instead filed a bypass application.

-Unlike a national phase application, you will not need to submit the filing fees of a bypass application the same day it is filed.

Comments are closed.

    Insight
    ( Official Blog )

    RSS Feed

© COPYRIGHT 2015, THE PATENT SHOPPE. ALL RIGHTS RESERVED. THIS WEBSITE IS PUBLISHED BY THE LAW FIRM THE PATENT SHOPPE. ITS CONTENTS ARE NOT INTENDED TO SERVE AS LEGAL ADVICE OR LEGAL OPINION. SUCH ADVICE MAY ONLY BE PROVIDED WHEN RELATED TO SPECIFIC FACT SITUATIONS THAT THE PATENT SHOPPE HAS BEEN RETAINED AS COUNSEL TO ADDRESS.