FAQs Patent Questions

Question:A design patent application may only include a single claim, that claim defines the design which applicant wishes to patent

Answer:
A design patent application may only include a single claim. The claim defines the design which applicant wishes to patent, in terms of the article in which it is embodied or applied. The claim must be in formal terms to “The ornamental design for (the article which embodies the design or to which it is applied) as shown.” The description of the article in the claim should be consistent in terminology with the title of the invention.

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 Inventor is the only person allowed to apply for a patent.

Answer:
c, with certain exceptions. If a person who is not the inventor should apply for a patent, the patent, if it were obtained, would be invalid.

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