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    FAQs Patent Questions

    Patent
    Question: How long is exclusivity granted for?

    Answer:

    It depends on what type of exclusivity is granted. Orphan Drug (ODE) - 7 years New Chemical (NCE)- 5 years "Other" Exclusivity - 3 years for a "change" if criteria are met Pediatric Exclusivity (PED) - 6 months added to existing Patents/Exclusivity Patent Challenge – (PC) – 180 days (this exclusivity is for ANDAs only)




    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.




    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.



    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.