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FAQs Patent Questions

Question:When Filing a continuation or divisional application a copy of the oath filed may be used.

Answer:
A declaration does not need to be notarized. When filing a continuation or divisional application a copy of the oath or declaration filed in the earlier application may be used.

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:An allowance notice is sent to the applicant if any fee for issuing the patent is applicable

Answer:
A Notice of Allowance and Fee(s) Due will be sent to the applicant, or to applicant’s attorney or agent of record, if any, and a fee for issuing the patent and if applicable, for publishing the patent application publication is due within three months from the date of the notice.

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Did You Know?

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

The U.S. Patent and Trademark Office (USPTO) strongly recommend that all prospective applicants retain the services of a registered patent attorney or patent agent to prepare and prosecute their applications.

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 Helpful Patent Terms

Defensive publication

Definition:
A publication and disclosure to the public of a pending patent application.

Joint Inventor

Definition:
An inventor who is named with at least one other inventor in a patent application, wherein each inventor contributes to the conception of the invention set forth in at least one claim in a patent application.

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Patent Topics Our Firm Can Help With

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