FAQs Patent Questions

Question:What is the difference between a utility patent and a design patent?

Answer:
A utility patent may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, compositions of matter, or any new useful improvement thereof. A design patent may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture.

Question:How long does it take for a patent application to be processed?

Answer:
The average patent application pendency is 24.6 months. Applications received in the U.S. Patent and Trademark Office are numbered in sequential order and the applicant will be informed within eight weeks of the application number and official filing date if filed in paper. If filed electronically, the application number is available within minutes.

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.

Bookmark:           
Permalink:  http://S-0.ORG/tn4tZwQ

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