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FAQs Patent Questions

Question:Can the USPTO assist me in the developing and marketing of my patent?

Answer:
No. The Office cannot act or advise concerning the business transactions or arrangements that are involved in the development and marketing of an invention. The Office, however, will publish for a fee, at the request of a patent owner, a notice in the Official Gazette that the patent is available for licensing or sale. In addition, the Office of Independent Inventor Programs (OIIP) was established in March 1999 in order to meet the special needs of independent inventors.

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: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.

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Did You Know?

Your invention may already be patented.

Public users may perform preliminary searches of patent information in a variety of formats including on-line, microfilm, and print at the United States Patent and Trademark Office (USPTO) Public Search Facility located in Alexandria, VA. State of the art computer workstations provide automated searching of patents issued from 1790 to the current week of issue. Full document text may be searched on U.S. patents issued since 1971 and OCR text from 1920 to 1970. U.S. patent images from 1790 to the present may be retrieved for viewing or printing. Some foreign patent documents are available.

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

Congressman Lamar Smith : 21st District of Texas

New York State Library: Internet Bibliographies: Patents and ...

Board of Patent Appeals and Interferences

World Patent

Kentucky: Secretary of State - Kentucky Land Patent Series

Web Patents

 Helpful Patent Terms

Consisting Essentially Of

Definition:
A transitional phrase that limits the scope of a claim to the specified materials or steps and those that do not materially affect the basic and novel characteristics of the claimed invention.

Patent Application Publication

Definition:
Pre-Grant Publication of patent application at 18 months from priority date.

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Patent Topics Our Firm Can Help With

Marks Patents

Inventors Oath

Patent Drafter

Biopharmaceutical Product Patent

Buy & Sell Ideas

World Patent

Patent Pending

Communications Patent

Patent Protection

Caller ID Patent


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