FAQs Patent Questions

Question:When is a patent extension application submitted and where is it submitted?

Answer:
Application for patent extension must be filed within 60 days of FDA approval of the drug product even if the product cannot be commercially marketed at that time.

Question:What is the difference between a utility patent and a design patent?

Answer:
A utility patent may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, compositions of matter, or any new useful improvement thereof. A design patent may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture.

Question:Plant patents are granted for the entire plant, and only one claim is permitted.

Answer:
A plant patent is granted on the entire plant. It therefore follows that only one claim is necessary and only one is permitted.

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