FAQs Patent Questions

Question:Is there a specific format in which patent information needs to be submitted to the FDA agency?

Answer:
As of August 18, 2003, patent information is required to be submitted on FDA form 3542a or FDA form 3542 depending on the approval status of the application. Form FDA 3542 is the only form that will be used for Orange Book publication.

Question:Does the USPTO control the fees charged by patent attorneys and agents for their services?

Answer:
No. This is a matter between you and your patent attorney or agent in which the Office takes no part. To avoid misunderstanding you may wish to ask for estimate charges for: (a) the search (b) preparation of the patent application, and (c) USPTO prosecution.

Question:Original,Currently amended,Canceled, Previously presented,New, Not Entered and Withdrawn are the seven permissible status identifiers

Answer:
The seven permissible status identifiers set forth in 37 CFR 1.121(c) are: (Original), (Currently amended), (Canceled), (Previously presented), (New), (Not entered), and (Withdrawn). (Withdrawn-currently amended) is also acceptable.

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