FAQs Patent Questions

Question:Why does a particular drug product only have patents?

Answer:
Some drugs have both patent and exclusivity protection while others have just one or none.

Question:Does the USPTO control the fees charged by patent attorneys and agents for their services?

Answer:
No. This is a matter between you and your patent attorney or agent in which the Office takes no part. To avoid misunderstanding you may wish to ask for estimate charges for: (a) the search (b) preparation of the patent application, and (c) USPTO prosecution.

Question:If two applications are filled for the same patentable invention the Office will determine who is entitled to the patent

Answer:
Occasionally two or more applications are filed by different inventors claiming substantially the same patentable invention. The patent can only be granted to one of them, and a proceeding known as an “interference” is instituted by the Office to determine who is the first inventor and entitled to the patent.

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