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FAQs Patent Questions

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:The official publication for patents is called the Official Gazette.

Answer:
The Official Gazette of the United States Patent and Trademark Office is the official journal relating to patents and trademarks.

Question:The patentee may ask the court for an injunction to prevent the continuation of an infringement

Answer:
The patentee may ask the court for an injunction to prevent the continuation of the infringement and may also ask the court for an award of damages because of the infringement.

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Did You Know?

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.

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

Definition:
The entity that is the recipient of a transfer of a patent application, patent, trademark application or trademark registration from its owner of record.

Patent

Definition:
A property right granted by the Government of the United States of America to an inventor “to exclude others from making, using, offering for sale, or selling the invention throughout the United States.

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Legal Disclaimer: The information provided on this website is not intended to be legal or financial patent advice,
but merely conveys general information related to legal & financial patent issues commonly encountered.
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