FAQs Patent Questions

Question:Applicants can reinstate a cancelled claim by presenting the text of the canceled claim with the changes in a new claim

Answer:
Applicant can reinstate a canceled claim by presenting the text of the canceled claim with any desired changes in a new claim with a new claim number and use the status identifier, (new).

Question:Utility patents protects the way an article is used and works and a design patent protects the way an article looks.

Answer:
A “utility patent” protects the way an article is used and works (35 U.S.C. 101), while a "design patent" protects the way an article looks (35 U.S.C. 171). Both design and utility patents may be obtained on an article if invention resides both in its utility and ornamental appearance.

Question:How long does an applicant holder have to submit patent information?

Answer:
Patent information is required to be submitted with all new drug applications at the time of submission of the NDA. If appropriate, the patent information is published at the time of approval of the NDA. For patents issued after approval of the NDA, the applicant holder has 30 days in which to file the patent to have it considered as a timely filed patent. Patents may still be submitted beyond the 30 day timeframe but the patent is not considered a timely filed patent.

Bookmark:           
Permalink:  http://S-0.ORG/tLdtZwQ

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