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

Recording of a 90-minute premium CLE video webinar with Q&A


Conducted on Tuesday, November 2, 2021

Recorded event now available

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Course Materials

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 that designates the United States. The application's filing date is important because it may be cited as prior art and may impact an argument against Section 103 rejection.

Further, if an applicant has modified or further developed the invention, which is the subject of the originally filed PCT application, it can use a bypass continuation to add the more recent developments.

Timing is important 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 being 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 using 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?
  • What factors should patent practitioners consider when determining whether to use a bypass application?

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

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

Counsel
Bradley Arant Boult Cummings

Mr. Landau advises clients in the procurement, protection, and litigation of all forms of intellectual property,...  |  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

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