FAQs Patent Questions

Question:On filing a plant or utility application on or after 11/29/2000 Inventors may choose to not publish their application

Answer:
On filing of a plant or utility application on or after November 29, 2000, an applicant may request that the application not be published, but only if the invention has not been and will not be the subject of an application filed in a foreign country that requires publication 18 months after filing (or earlier claimed priority date) or under the Patent Cooperation Treaty.

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).

Question:Why does a particular drug product only have exclusivity?

Answer:
Exclusivity is not added to the patent life.

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