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    FAQs Patent Questions

    Patent
    Question: The Official Gazette contains information on Expired patents, Patents reinstated and Reissue Applications

    Answer:

    No. The Official Gazette contains a section at the front of the book called "Patent and Trademark Office Notices." Each week, the following information is published: a. Expired Patents: Patents that expire due to failure to pay required maintenance fees. These patent numbers are published approximately 3 months after expiration. b. Patents Reinstated: Patents reinstated due to the acceptance of a late maintenance fee. c. Reissue Applications: Patents filed as reissues. d. Reexams: Patents requested to be reexamined. e. Certificates of Correction: Patents granted certificates to correct previously published material. f. Summaries of final decisions issued by the Trademark Trial and Appeal Board.




    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: Color drawings are allowed after a petition is granted stating why the colored drawing is needed

    Answer:
    The Office will accept color drawings in utility or design patent applications and statutory invention registrations only after granting a petition filed under this paragraph explaining why the color drawings are necessary.



    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.