FAQs Patent Questions
Question:Can the Patent Office recommend a patent attorney or agent to assist me with filing my application?
Answer: The U.S. Patent and Trademark Office (USPTO) cannot make this choice for you. However, a general attorney may help you in making a selection from among those listed as registered practitioners on the USPTO roster.
Question:Plant patents are granted for the entire plant, and only one claim is permitted.
Answer:
A plant patent is granted on the entire plant. It therefore follows that only one claim is necessary and only one is permitted.
Question:Is there a specific format in which patent information needs to be submitted to the FDA agency?
Answer:
As of August 18, 2003, patent information is required to be submitted on FDA form 3542a or FDA form 3542 depending on the approval status of the application. Form FDA 3542 is the only form that will be used for Orange Book publication.
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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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