FAQs Patent Questions
Question:Public Law 91577 provides a system of protection for sexually reproduced varieties, for which protection was not previously provided,
Answer: Public Law 91577, approved December 24, 1970, provides for a system of protection for sexually reproduced varieties, for which protection was not previously provided, under the administration of a Plant Variety Protection Office within the Department of Agriculture.
Question:Plant patents are granted for the entire plant, and only one claim is permitted.
Answer:
A plant patent is granted on the entire plant. It therefore follows that only one claim is necessary and only one is permitted.
Question:When is a patent extension application submitted and where is it submitted?
Answer:
Application for patent extension must be filed within 60 days of FDA approval of the drug product even if the product cannot be commercially marketed at that time.
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There is a time limit on patent protection.
For applications filed on or after June 8, 1995, utility and plant patents are granted for a term which begins with the date of the grant and usually ends 20 years from the date you first applied for the patent subject to the payment of appropriate maintenance fees. Design patents last 14 years from the date you are granted the patent. Note: Patents in force on June 8 and patents issued thereafter on applications filed prior to June 8, 1995 automatically have a term that is the greater of the twenty year term discussed above or seventeen years from the patent grant.
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