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    FAQs Patent Questions

    Patent
    Question: Utility patents protects the way an article is used and works and a design patent protects the way an article looks.

    Answer:

    A “utility patent” protects the way an article is used and works (35 U.S.C. 101), while a "design patent" protects the way an article looks (35 U.S.C. 171). Both design and utility patents may be obtained on an article if invention resides both in its utility and ornamental appearance.




    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 inventor faces possible loss of benefits during his two-year retention period.

    Answer:
    The two-year retention period is not a “grace period” during which the inventor can wait to file his or her patent application without possible loss of benefits. It must be recognized that, in establishing priority of invention, an affidavit or testimony referring to a Disclosure Document must usually also establish diligence in completing the invention or in filing the patent application after the filing of the Disclosure Document.



    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.