FAQs Patent Questions

Question:You can File a patent via the internet by using the electronic filing system on the USPTO's website

Answer:
Use EFS, the USPTO's electronic filing system for patent applications, to submit Utility patent applications, Provisional applications, electronic information disclosure statements (eIDS), patent assignments, computer readable format (CRF) biosequencelistings, and pre-grant publication submissions to the USPTO via the Internet.

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:The patentee may ask the court for an injunction to prevent the continuation of an infringement

Answer:
The patentee may ask the court for an injunction to prevent the continuation of the infringement and may also ask the court for an award of damages because of the infringement.

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