FAQs Patent Questions
Question:A patent is considered personal property and may be sold, mortgaged and may pass on to the heirs of a deceased patentee.
Answer: A patent is personal property and may be sold to others or mortgaged; it may be bequeathed by a will; and it may pass to the heirs of a deceased patentee. The patent law provides for the transfer or sale of a patent, or of an application for patent, by an instrument in writing.
Question:How can I find out the inventor's name of a particular patent?
Answer:
Search may also be conducted at a Patent and Trademark Depository Library (PTDL) established throughout the United States. These libraries have copies of patents in multiple formats arranged in numerical order. They also have classification search tools, automated search aids, and photocopy facilities available to the public.
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)
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You need a patent attorney or agent to file your patent application.
The U.S. Patent and Trademark Office (USPTO) strongly recommend that all prospective applicants retain the services of a registered patent attorney or patent agent to prepare and prosecute their applications.
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Contact our Patent Professionals to ensure you complete the patent
filing process correctly or for violation of your patent rights.
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