FAQs Patent Questions

Question:Can I fax in my patent application?

Answer:
No, you can not fax in your patent application. Fax machines do not currently produce a document of sufficient quality to allow the text to be scanned and processed for publication purposes.

Question:The Patent Cooperation Treaty facilitates the filing of applications for patents, it is presently adhered to by over 124 countries

Answer:
Another treaty, known as the Patent Cooperation Treaty, was negotiated at a diplomatic conference in Washington, D.C., in June of 1970. The treaty came into force on January 24, 1978, and is presently adhered to by over 124 countries, including the United States. The treaty facilitates the filing of applications for patent on the same invention in member countries by providing, among other things, for centralized filing procedures and a standardized application format.

Question:How long is exclusivity granted for?

Answer:
It depends on what type of exclusivity is granted. Orphan Drug (ODE) - 7 years New Chemical (NCE)- 5 years "Other" Exclusivity - 3 years for a "change" if criteria are met Pediatric Exclusivity (PED) - 6 months added to existing Patents/Exclusivity Patent Challenge – (PC) – 180 days (this exclusivity is for ANDAs only)

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