FAQs Patent Questions

Question:Design patents are granted to inventors who discover a new design for an article of manufacture.

Answer:
File a Design Patent Application - Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture.

Question:A patent is considered personal property and may be sold, mortgaged and may pass on to the heirs of a deceased patentee.

Answer:
A patent is personal property and may be sold to others or mortgaged; it may be bequeathed by a will; and it may pass to the heirs of a deceased patentee. The patent law provides for the transfer or sale of a patent, or of an application for patent, by an instrument in writing.

Question:What is FDA’s role in the Patent Term Restoration Program?

Answer:
FDA’s primary responsibility is to assist the Patent Trademark Office (PTO) in determining a product’s eligibility for patent term restoration and to provide information to PTO regarding a product’s regulatory review period.

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