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    FAQs Patent Questions

    Patent
    Question: What is the difference between patents and exclusivity?

    Answer:

    Patents and exclusivity work in a similar fashion but are distinctly different from one another. Patents are granted by the patent and trademark office anywhere along the development lifeline of a drug and can encompass a wide range of claims. Exclusivity is exclusive marketing rights granted by the FDA upon approval of a drug and can run concurrently with a patent or not. Exclusivity is a statutory provision and is granted to an NDA applicant if statutory requirements are met.




    Question: Applicants must respond to actions to the Patent office within a prescribed time limit.

    Answer:
    The reply of an applicant to an action by the Office must be made within a prescribed time limit. The maximum period for reply is set at six months by the statute (35 U.S.C. 133) which also provides that the Director may shorten the time for reply to not less than 30 days.




    Question: What do the terms “patent pending” and “patent applied for” mean?

    Answer:
    They are used by a manufacturer or seller of an article to inform the public that an application for patent on that article is on file in the United States Patent and Trademark Office. The law imposes a fine on those who use these terms falsely to deceive the public.



    Did You Know?

    A patent protects your invention.

    A patent for an invention is a grant of property rights by the U.S. Government through the U.S. Patent and Trademark Office. The patent grant excludes others from making, using, or selling the invention in the United States. The terms "Patent Pending" and "Patent Applied For" are used to inform the public that an application for a patent has been filed. Patent protection does not start until the actual grant of a patent. Marking of an article as patented, when it is not, is illegal and subject to penalty.

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