- videocam Live Webinar with Live Q&A
- calendar_month December 2, 2026 @ 1:00 PM ET/10:00 AM PT
- signal_cellular_alt Intermediate
- card_travel Patent
- schedule 90 minutes
Patent Protection and Bypass Continuation Applications: Evaluating Benefits and Risks, Navigating Priority
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About the Course
Introduction
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.
Presented By
Dr. Landau is a seasoned Patent attorney with 18+ years of legal experience and doctoral level training in environmental/industrial microbiology. As a Shareholder in the Firm’s Intellectual Property Group, he focuses his practice on patent drafting, patent prosecution, managing international patent portfolios, providing legal analysis and opinions, and brand protection and enforcement. Dedicated to intellectual property law and the advancement of biological science, Dr. Landau is active in the biotechnology industry, serving as a board member of BIO Alabama, former Chair of the AIPLA Biotechnology Committee, and an Adjunct Professor of Law at Cumberland School of Law.
With more than 25 years of experience in biotechnology patent prosecution and counseling, Ms. McNeill offers intellectual property strategy, new application preparation, patent prosecution (US and foreign), preparation and negotiation of IP transactions, USPTO contentious practice, and the full scope of counseling services to clients of various sizes. She has earned a reputation for excellence in her field, having been recognized as an IP Star by both Managing Intellectual Property and LMG Life Sciences and ranked with an AV Preeminent® Peer Review Rating from Martindale-Hubbell. ® Ms. McNeill has worked with biotech start-ups, research foundations, universities, and pharmaceutical companies, ranging from early-stage to publicly-traded companies. She has managed and directed the US and international patent portfolios for US clients and has overseen the US patent portfolio for international clients in Europe and Asia. Ms. McNeill has also expertly resolved material errors made by others in transactions with the US Patent and Trademark Office, in applications under the PCT, or in foreign patent prosecution, including filing errors and errors in the payment of maintenance or annuity fees. She also has experience in litigation and USPTO contentious proceedings.
Ms. Mueller is an experienced intellectual property attorney specializing in patent, trademark, and copyright law. For over twenty-five years, she has provided strategic counsel on complex patent issues to clients in the pharmaceutical, biopharmaceutical, biotechnology, and chemistry sectors. With an in-depth knowledge of patent prosecution, opposition, and global portfolio management, Ms. Mueller advises clients on the protection, freedom to operate, and validity of blockbuster drugs. Her expertise extends to small molecules, biologics, drug delivery methods, diagnostics, personalized medicine, renewable chemistry, and agricultural sciences. Ms. Mueller's background in chemistry and biology enables her to navigate diverse regulatory matters, including U.S. FDA approvals. She works closely with in-house legal departments of global pharmaceutical firms, providing training and problem-solving strategies. A thought leader in pharmaceutical patent law, Ms. Mueller frequently speaks to legal and industry groups and publishes widely. She authors the blog “Patent Panorama,” offering insights on patent law developments in the life sciences industry globally.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
Date + Time
- event
Wednesday, December 2, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Bypass application
A. Advantages
B. Potential risks
C. Bypass traps
II. Navigating the process
III. Best practices for using the bypass application
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?
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