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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: A design patent protects only appearance of an article,and not its structural or functional features

    Answer:
    The design patent protects only the appearance of an article, but not its structural or functional features.




    Question: There are plant patents for anyone who invents or discovers new types of plants.

    Answer:
    Patents on plants to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.



    Did You Know?

    You may apply for a patent for your invention.

    Inventors may apply for one of two types of patent applications: (1) A non-provisional application, which begins the examination process and may lead to a patent and (2) A provisional application, which establishes a filing date but does not begin the examination process.

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