FAQs Patent Questions

Question:What is the difference between a utility patent and a design patent?

Answer:
A utility patent may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, compositions of matter, or any new useful improvement thereof. A design patent may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture.

Question:How do I search for a particular type of patent, e.g., a design patent?

Answer:
To search for a particular type of patent, go to any one of the three search pages (Quick, Advanced, Number) and, in the appropriate patent number field (Patent Number, PN/, Query), enter the patent number including the appropriate prefix: 'D' for design patents, 'PP' for plant patents, 'R' for reissue patents, 'T' for defensive publications, 'H' for SIRs, 'X' for X patents, or 'AI' for Additional Improvements

Question:What is FDA’s role in the Patent Term Restoration Program?

Answer:
FDA’s primary responsibility is to assist the Patent Trademark Office (PTO) in determining a product’s eligibility for patent term restoration and to provide information to PTO regarding a product’s regulatory review period.

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