So you missed the CLE-accredited webinar about the Patent Cooperation Treaty that took place on Friday, November 19, 2021 entitled National Phase or Bypass Continuation? Well, all is not lost. You can download the program materials here and you can view the video recording here. It is unlikely you will ever find anyplace that offers a comparable 88 minutes of discussion of this fascinating topic. As a reminder this recording is provided free of charge, courtesy of the World Intellectual Property Organization. You might be able to view it directly in your web browser here:
Here is a description.
There are two ways to pursue US patent coverage from a PCT patent application. One way is entry into the US national phase. The other way is the filing of a so-called “bypass continuation” patent application.
What are the advantages and disadvantages of these two filing paths? Are there traps for the unwary lurking in one path or the other? (The answer of course is “yes” and we discuss some of these traps for the unwary.) Are there particular fact patterns which, if present in a particular case, make one path or the other a particularly advantageous path to follow? (The answer of course is “yes” and we discuss some of these fact patterns.)
This program should be of interest to patent applicants anywhere in the world, who might wish to pursue US patent protection from a PCT application.