FAQs Patent Questions

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: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:An application is abandonned if payments are not made in time

Answer:
If timely payment of the fee(s) is not made, the application will be regarded as abandoned.

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