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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