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FAQs Patent Questions

Question:Color drawings are allowed after a petition is granted stating why the colored drawing is needed

Answer:
The Office will accept color drawings in utility or design patent applications and statutory invention registrations only after granting a petition filed under this paragraph explaining why the color drawings are necessary.

Question:The requirements for filing a substitute specification is stated under the 37 CFR 1.125

Answer:
When applicants file a substitute specification, the following are required under 37 CFR 1.125: (1) a statement that the substitute specification includes no new matter; (2) a marked-up version of the specification with markings to show all the changes relative to the immediate prior version; and (3) a clean version of the substitute specification.

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.

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Did You Know?

You need a patent attorney or agent to file your patent application.

The U.S. Patent and Trademark Office (USPTO) strongly recommend that all prospective applicants retain the services of a registered patent attorney or patent agent to prepare and prosecute their applications.

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 Helpful Patent Terms

Term of patent

Definition:
The maximum number of years that the monopoly rights conferred by the grant of a patent may last.

OG

Definition:
Official Gazette - weekly publication of the USPTO that includes regular and special notices of the Office.

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