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    FAQs Patent Questions

    Patent
    Question: A patent claim listing is required for preliminary amendments present on the filing date.

    Answer:

    Yes, a claim listing of every claim ever presented in the application is required, even for preliminary amendments present on the filing date of the application. The status identifier, (new), instead of (original), should be used for claims added by a preliminary amendment, even when the preliminary amendment is present on the filing date of the application and the first executed oath or declaration refers to the preliminary amendment.




    Question: Patent application publications are available on the Web and at the patent and trademark depository libraries.

    Answer:
    If an applicant or a practitioner chooses not to print copies of U.S. patents and patent applications publications through the USPTO Patents on the Web system or through the E-Patent Reference system, commercial sources that provide patents very quickly and inexpensively are available, and copies of U.S. patents and patent application publications are also available at the Patent and Trademark Depository Libraries (PTDLs).




    Question: Is there a specific format in which patent information needs to be submitted to the FDA agency?

    Answer:
    As of August 18, 2003, patent information is required to be submitted on FDA form 3542a or FDA form 3542 depending on the approval status of the application. Form FDA 3542 is the only form that will be used for Orange Book publication.



    Did You Know?

    You need a patent attorney or agent to file your patent application.

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