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U.S. Government Patent Applications

July 9, 1998

1. Determination to file an application

2. FDA invention disclosure report goes to patent advisor/contract attorney for:

• patent search
• preparation of patent application

3. A patent advisor/contract attorney contacts FDA inventor during patient application preparation as necessary.

4. An appropriate application is filed in the U.S. Patent and Trademark Office:

• ordinary
• provisional, or
• PCT application

5. At this point a patent may be issued.

6. The invention is licensed by OTT on behalf of FDA.

7. At this point a patent may be issued.

8. Royalties are received by NIH and transferred to FDA for distribution under current law.

Note: All patents may not result in licensing.

FDA Technology Transfer

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