Patent Protection and Bypass Continuation Applications: Evaluating Benefits and Risks, Navigating Priority

A live 90-minute premium CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Tuesday, November 1, 2022

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, October 7, 2022

or call 1-800-926-7926

This CLE webinar will guide patent counsel on the use of bypass continuation applications. The panel will discuss the advantages of using the application along with the potential risks. The panel will also offer best practices for using the bypass application and navigating the process.

Description

There are two routes into the U.S. from the Patent Cooperation Treaty (PCT)--national stage application under Section 371 and bypass continuation. Patent applicants may claim priority to a PCT by filing a national phase application under Section 371. Alternatively, a regular national application filed under Section 111(a), as a "child" U.S. application of a PCT application or a bypass application, may get the filing date of an international application designating the United States. The application's filing date is important because it may be cited as prior art and impact an argument against Section 103 rejection.

If an applicant modifies or refines an invention that is the subject of the originally filed PCT application, they can use a bypass continuation to add the more recent developments.

Timing is essential as the bypass continuation application must be filed while the PCT application is pending within 30 months of the PCT priority date. If a new matter is added, the applicant may want to file early to avoid prior art issues.

Listen as our authoritative panel of patent attorneys examines the bypass application. The panel will discuss the advantages of using the application along with the potential risks. The panel will also offer best practices for utilizing the bypass application and navigating the process.

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Outline

  1. Bypass application
    1. Advantages
    2. Potential risks
    3. Bypass traps
  2. Navigating the process
  3. Best practices for using the bypass application

Benefits

The panel will review these and other key issues:

  • What are the benefits of and reasons to use the bypass continuation applications?
  • What are the potential risks of filing a bypass application?
  • When determining whether to use a bypass application, what factors should patent practitioners consider?

Faculty

McNeill, Rebecca
Rebecca M. McNeill

Partner
McNeill Baur

Ms. McNeill offers intellectual property strategy and advises on new application preparation, patent prosecution (U.S....  |  Read More

Mueller, Lisa
Lisa L. Mueller, J.D., B.S.

Shareholder
Casimir Jones

For over 25 years, Ms. Mueller has provided strategic counsel on complex patent issues to clients in the...  |  Read More

Landau, Nicholas
Nicholas J. Landau, Ph.D.

Shareholder
Maynard Cooper Gale

Dr. Landau is a seasoned Patent attorney with 18+ years of legal experience and doctoral level training in...  |  Read More

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Early Discount (through 10/07/22)

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Early Discount (through 10/07/22)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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