FAQs Patent Questions

Question:Utility patents issued on and after 12/12/1980 are subject to the payment of maintenance fees

Answer:
All utility patents that issue from applications filed on and after December 12, 1980 are subject to the payment of maintenance fees which must be paid to maintain the patent in force. These fees are due at 3 1/2, 7 1/2 and 11 1/2 years from the date the patent is granted.

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.

Question:How can I view the patent images?

Answer:
The PTO Web Patent Full-Text Database includes the full text of all patents granted since 1976, and the patent number, issue date, and current US classification for all patents granted from 1790 through 1975. At the top of each text display page is a button marked "Images". Clicking on that button will display the full-page image of the first printed page of that particular patent, along with navigational tools allowing the viewing of all the other pages.

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