FAQs Patent Questions
Question:Are published patents the only content of the Electronic Official Gazette - Patents?
Answer: No. The eOG:P contains a section called Patent and Trademark Office Notices.
Question:What is the Electronic Official Gazette - Patents (eOG:P)?
Answer:
The eOG:P delivers the information traditionally contained in the paper version of the OG but in an electronic format on both a CD-ROM product and on the USPTO web site.
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.
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There is a time limit on patent protection.
For applications filed on or after June 8, 1995, utility and plant patents are granted for a term which begins with the date of the grant and usually ends 20 years from the date you first applied for the patent subject to the payment of appropriate maintenance fees. Design patents last 14 years from the date you are granted the patent. Note: Patents in force on June 8 and patents issued thereafter on applications filed prior to June 8, 1995 automatically have a term that is the greater of the twenty year term discussed above or seventeen years from the patent grant.
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Contact our Patent Professionals to ensure you complete the patent
filing process correctly or for violation of your patent rights.
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