bypass application

bypass application

バイパス出願。バイパス出願とは、米国を指定国に含むPCT出願に基づく継続的出願(continuing application)、すなわち、継続出願、分割出願又は一部継続出願のことをいう(35 U.S.C. 120, 121; MPEP 1895参照)。

35 U.S.C. 120 Benefit of earlier filing date in the United States.
An application for patent for an invention disclosed in the manner provided by section 112(a) (other than the requirement to disclose the best mode) in an application previously filed in the United States, or as provided by section 363 or 385 which names an inventor or joint inventor in the previously filed application shall have the same effect, as to such invention, as though filed on the date of the prior application, if filed before the patenting or abandonment of or termination of proceedings on the first application or on an application similarly entitled to the benefit of the filing date of the first application and if it contains or is amended to contain a specific reference to the earlier filed application. …

35 U.S.C. 121 Divisional applications.
If two or more independent and distinct inventions are claimed in one application, the Director may require the application to be restricted to one of the inventions. If the other invention is made the subject of a divisional application which complies with the requirements of section 120 it shall be entitled to the benefit of the filing date of the original application. …

MPEP 1895
… The filing of a continuation, divisional, or continuation-in-part application of a PCT application designating the United States is known as a “bypass” application. …

バイパス出願のメリットについては、「米国バイパス出願とは?」を参照。

米国特許用語集一覧に戻る

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