Optimizing PCT Based Filings for U.S. Protection: National Stage Entry vs. Bypass Applications

Deciding between nationalizing a Patent Cooperation Treaty (PCT) application into the United States or filing a bypass application to obtain U.S. patent protection based on a PCT application is an important strategic choice. Review the differences between the traditional 35 U.S.C. Section 371 route and the alternative 35 U.S.C. Section 111 filing, and the key considerations such as deadlines, required documentation, fees, and amendment opportunities. This practice note, by John Freeman of Crowell & Moring, will help you determine which option is more advantageous based on your circumstances.

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• PCT National Stage Entry Checklist 
  Utilize this checklist to ensure you are following the correct procedures for filing a U.S. national stage application of a PCT application before the U.S. Patent and Trademark Office.

• PCT Patent Application Preparation and Filing Checklist
  Review the steps for filing a PCT application with the United States as the Receiving Office.

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