FAQs Patent Questions

Question:An allowance notice is sent to the applicant if any fee for issuing the patent is applicable

Answer:
A Notice of Allowance and Fee(s) Due will be sent to the applicant, or to applicant’s attorney or agent of record, if any, and a fee for issuing the patent and if applicable, for publishing the patent application publication is due within three months from the date of the notice.

Question:How many weeks of the Electronic Official Gazette - Patents will be available on the USPTO web site?

Answer:
Current plans are to maintain one year on the web site. To locate patents announced in earlier OGs, search the USPTO Patent Full Text Database by patentee name, keyword, current classification, or patent number.

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.

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