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FAQs Patent Questions

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:A patent is considered personal property and may be sold, mortgaged and may pass on to the heirs of a deceased patentee.

Answer:
A patent is personal property and may be sold to others or mortgaged; it may be bequeathed by a will; and it may pass to the heirs of a deceased patentee. The patent law provides for the transfer or sale of a patent, or of an application for patent, by an instrument in writing.

Question:How often is the USPTO database updated?

Answer:
The database is normally updated every Tuesday, the day patents are issued. Exceptions may occur for Federal holidays and when problems arise with data availability.

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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.

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

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 Helpful Patent Terms

Parent Application

Definition:
The term "parent" is applied to an earlier application of the inventor disclosing a given invention.

Registration Number

Definition:
A registered patent attorney/agent is assigned a registration number that they must include on patent correspondence and forms when representing others before the USPTO.

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Patent Topics Our Firm Can Help With

Trade Patents

World Patent

Adhesives Patent

Patent Amendment

Patent Specification

Adhesives Patent

Patents And Inventors

Artificial Intelligence Patent

Design

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