FAQs Patent Questions

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:How long does an applicant holder have to submit patent information?

Answer:
Patent information is required to be submitted with all new drug applications at the time of submission of the NDA. If appropriate, the patent information is published at the time of approval of the NDA. For patents issued after approval of the NDA, the applicant holder has 30 days in which to file the patent to have it considered as a timely filed patent. Patents may still be submitted beyond the 30 day timeframe but the patent is not considered a timely filed patent.

Question:What is the Federal mandate that requires an extramural invention tracking system?

Answer:
New provisions to the Code of Federal Regulations came with the enactment of the Bayh-Dole Act of 1980. These provisions (CFR) stipulated the need for all grantees or contractors to report on activities involving the disposition of certain intellectual property rights that result from Federally funded research (37CFR Part 401).

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