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    FAQs Patent Questions

    Patent
    Question: Why does the patent expire before the exclusivity?

    Answer:

    Exclusivity is granted upon approval of a drug product if the statutory requirements are met.




    Question: An applicant for a patent must file a drawing of the invention together with the application

    Answer:
    The applicant for a patent will be required by law to furnish a drawing of the invention whenever the nature of the case requires a drawing to understand the invention. However, the Director may require a drawing where the nature of the subject matter admits of it; this drawing must be filed with the application.




    Question: A patent is granted upon invention of a new machine or manufacture not an idea.

    Answer:
    A patent cannot be obtained upon a mere idea or suggestion. The patent is granted upon the new machine, manufacture, etc., as has been said, and not upon the idea or suggestion of the new machine. A complete description of the actual machine or other subject matter for which a patent is sought is required.



    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.