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FAQs Patent Questions

Question:How long is exclusivity granted for?

Answer:
It depends on what type of exclusivity is granted. Orphan Drug (ODE) - 7 years New Chemical (NCE)- 5 years "Other" Exclusivity - 3 years for a "change" if criteria are met Pediatric Exclusivity (PED) - 6 months added to existing Patents/Exclusivity Patent Challenge – (PC) – 180 days (this exclusivity is for ANDAs only)

Question:The title of the design must identify the article in which the design is embodied.

Answer:
The Title of the design must identify the article in which the design is embodied by the name generally known and used by the public. Marketing designations are improper as titles and should not be used. A title descriptive of the actual article aids the examiner in developing a complete field of search of the prior art.

Question:There are plant patents for anyone who invents or discovers new types of plants.

Answer:
Patents on plants to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.

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Did You Know?

You may apply for a patent for your invention.

Inventors may apply for one of two types of patent applications: (1) A non-provisional application, which begins the examination process and may lead to a patent and (2) A provisional application, which establishes a filing date but does not begin the examination process.

Contact our Patent Professionals to ensure you complete the patent filing process correctly or for violation of your patent rights.

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 Helpful Patent Terms

PCT

Definition:
Patent Cooperation Treaty - provides a mechanism by which an applicant can file a single application that, when certain requirements have been fulfilled, is equivalent to a regular national filing in each designated Contracting State.

IC

Definition:
International Class - class(es) assigned to a mark under the International Classification of Goods and Services (Nice Agreement); used in the United States since 1 September 1973

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