FAQs Patent Questions
Question:The Inventor is the only person allowed to apply for a patent.
Answer: c, with certain exceptions. If a person who is not the inventor should apply for a patent, the patent, if it were obtained, would be invalid.
Question:What's a land patent?
Answer:
Land patents document the transfer of land ownership from the federal government to individuals. Our land patent records include the information recorded when ownership was transferred.
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)
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There is a time limit on patent protection.
For applications filed on or after June 8, 1995, utility and plant patents are granted for a term which begins with the date of the grant and usually ends 20 years from the date you first applied for the patent subject to the payment of appropriate maintenance fees. Design patents last 14 years from the date you are granted the patent. Note: Patents in force on June 8 and patents issued thereafter on applications filed prior to June 8, 1995 automatically have a term that is the greater of the twenty year term discussed above or seventeen years from the patent grant.
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Contact our Patent Professionals to ensure you complete the patent
filing process correctly or for violation of your patent rights.
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