Post-Novemeber 1, 2007 Patent Filing Strategy Options

Slides from a presentation by Merchant and Gould on the USPTO's "5/25" Continuation rules that take effect on November 1, 2007 suggested some intriguing options for filing U.S. patents after that date:

Use provisionals and going national stage from a PCT application
•Time - lag in prosecution 1 year and 2.5 years
•Limits on continuations do not apply
•5/25 rules apply

Maximizing Options with Provisional and PCT Applications
Day 1 - file U.S. provisional application
Day 2 - file same text as U.S. utility application without priority claim
Year from day 1, with priority claim only to the provisional application -
•file PCT application designating U.S., and
•perhaps, file U.S. utility application
•(these can be “continuations-in-part” of the provisional)