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

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

This program is included with the Strafford CLE Pass. Click for more information.
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Conducted on Monday, October 7, 2024

Recorded event now available

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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 under Section 111. 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 continuation or divisional U.S. application of a PCT application (known as 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

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

Shareholder
Maynard Nexsen

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

Simmons, Rebecca
Rebecca L. (Becky) Simmons, Ph.D.

Counsel
MCNEILL

Ms. Simmons’s practice includes strategic and business-oriented intellectual property counseling, patent...  |  Read More

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