FAQs Patent Questions

Question:Final Patent rejections may be appealed at the U.S patent and Trademark office.

Answer:
If the examiner persists in the rejection of any of the claims in an application, or if the rejection has been made final, the applicant may appeal to the Board of Patent Appeals and Interferences in the United States Patent and Trademark Office.

Question:The title of the design must identify the article in which the design is embodied.

Answer:
The Title of the design must identify the article in which the design is embodied by the name generally known and used by the public. Marketing designations are improper as titles and should not be used. A title descriptive of the actual article aids the examiner in developing a complete field of search of the prior art.

Question:Is there a specific format in which patent information needs to be submitted to the FDA agency?

Answer:
As of August 18, 2003, patent information is required to be submitted on FDA form 3542a or FDA form 3542 depending on the approval status of the application. Form FDA 3542 is the only form that will be used for Orange Book publication.

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