Home page of the United States Patent and Trademark Office's main web site. Drug patents and exclusivity: FDA answers the most frequently asked questions (FAQs).How are patents and exclusivity different? Explore PHRMA's policy perspective on intellectual property rights in the pharmaceutical industry. Having previously worked and performed research at pharmaceutical giants, innovative start-ups, and renowned universities, we are trusted IP legal counsel. The process can take from five to 15 years. Patents not only help pharmaceutical companies recoup investments, they can also act as a shield against infringement claims.