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:How do I search for a particular type of patent, e.g., a design patent?

Answer:
To search for a particular type of patent, go to any one of the three search pages (Quick, Advanced, Number) and, in the appropriate patent number field (Patent Number, PN/, Query), enter the patent number including the appropriate prefix: 'D' for design patents, 'PP' for plant patents, 'R' for reissue patents, 'T' for defensive publications, 'H' for SIRs, 'X' for X patents, or 'AI' for Additional Improvements

Question:Why was PSIPS created?

Answer:
Mega information is stored and retrieved via PSIPS because it is too large to publish elsewhere.

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