FAQs Patent Questions
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.
Question:An application is abandonned if payments are not made in time
Answer:
If timely payment of the fee(s) is not made, the application will be regarded as abandoned.
Question:What is a trade secret?
Answer:
A trade secret is information that companies keep secret to give them an advantage over their competitors. No mechanism exists to federally record or register a trade secret.
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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.
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Contact our Patent Professionals to ensure you complete the patent
filing process correctly or for violation of your patent rights.
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