FAQs Patent Questions

Question:Where Can I get a Copy of a Patent?

Answer:
Copies of patents can downloaded (for free) from the following websites: The USPTO The European Patent Office These sites only allow one to download patents one page at a time (although you can get the text, without images, from the USPTO all at once) and can be time consuming to obtain. In some instances, it may be easier to order a patent from the USPTO, or from one of many commerical sources such as Dialog and Micropatent.

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:A Patentee who makes or sells patented articles is required to mark the articles with the word “Patent”

Answer:
A patentee who makes or sells patented articles, or a person who does so for or under the patentee is required to mark the articles with the word “Patent” and the number of the patent. The penalty for failure to mark is that the patentee may not recover damages from an infringer unless the infringer was duly notified of the infringement and continued to infringe after the notice.

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