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: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:A patent license makes sure the licensor does not sue the licensee.

Answer:
A patent license agreement is in essence nothing more than a promise by the licensor not to sue the licensee.

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