Mandeville, LA asked in Patents (Intellectual Property) for Louisiana

Q: If there is one person as the inventor on a patent and is deceased are his children entitled to any royalties off of it

Let's say several of these items are sold and one of the inventors is deceased does his children entitled to receive any royalties then and as of now

1 Lawyer Answer
Kevin E. Flynn
PREMIUM
Kevin E. Flynn
Answered
  • Patents Lawyer
  • Pittsboro, NC

A: I am sorry that your inventor/parent has died. I hope he lived a full life and left you with many fond memories.

If the inventor worked for an employer, the chances are good that the inventor/employee assigned rights over to the employer and is not entitled to royalties. (Just like if you sell your beach house, you cannot expect to be paid rent). If the employer paid someone to invent things, the employer often does not pay royalties on those inventions.

You can search at https://assignment.uspto.gov/patent/index.html#/patent/search or using USPTO Public PAIR to look for assignment records.

If the inventor simply sold items that were made on the patented invention, then the inventor would be compensated by the profit on those sales and there would not be royalties on those sales.

There may be royalties if the inventor had an agreement to be paid royalties with the employer (not very common) or if the inventor licensed the patent rights to others. Royalties may be due from those who used the patented idea without a license to do so. However, obtaining those royalties may require that the owner of the patent sue to recover a reasonable royalty.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.