FAQs Patent Questions

Question:Does the USPTO control the fees charged by patent attorneys and agents for their services?

Answer:
No. This is a matter between you and your patent attorney or agent in which the Office takes no part. To avoid misunderstanding you may wish to ask for estimate charges for: (a) the search (b) preparation of the patent application, and (c) USPTO prosecution.

Question:Plant patents are granted for the entire plant, and only one claim is permitted.

Answer:
A plant patent is granted on the entire plant. It therefore follows that only one claim is necessary and only one is permitted.

Question:What is the difference between patents and exclusivity?

Answer:
Patents and exclusivity work in a similar fashion but are distinctly different from one another. Patents are granted by the patent and trademark office anywhere along the development lifeline of a drug and can encompass a wide range of claims. Exclusivity is exclusive marketing rights granted by the FDA upon approval of a drug and can run concurrently with a patent or not. Exclusivity is a statutory provision and is granted to an NDA applicant if statutory requirements are met.

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