FAQs Patent Questions

Question:May I write to the USPTO directly about my application after it is filed?

Answer:
The Office will answer an applicant’s inquiries as to the status of the application, and inform you whether your application has been rejected, allowed, or is awaiting action. However, if you have a patent attorney or agent of record in the application file the Office will not correspond with both you and the attorney/agent concerning the merits of your application.

Question:When is a patent extension application submitted and where is it submitted?

Answer:
Application for patent extension must be filed within 60 days of FDA approval of the drug product even if the product cannot be commercially marketed at that time.

Question:What is the Federal mandate that requires an extramural invention tracking system?

Answer:
New provisions to the Code of Federal Regulations came with the enactment of the Bayh-Dole Act of 1980. These provisions (CFR) stipulated the need for all grantees or contractors to report on activities involving the disposition of certain intellectual property rights that result from Federally funded research (37CFR Part 401).

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