Las Vegas, NV asked in Patents (Intellectual Property) and Probate for Nevada

Q: If my father got a patent on his invention and promised me money from it but has since passed away how would I go about

putting in my claim? Or can I even claim anything

1 Lawyer Answer
Peter D. Mlynek
Peter D. Mlynek
  • Patents Lawyer
  • Moorestown, NJ

A: I am sorry that your father passed away.

To answer your question, first see how his will distributes his possessions, including his patent. A patent is a personal property, just as a boat or a stock certificate.

Second, if according to the will you are getting the patent, then take a look if it is still maintained, i.e., see if the maintenance fees have been paid. You must have the patent number and the patent application number, and then plug the information here:

Third, take a look if the patent has been assigned to someone.

Fourth, if everything looks good, you may want to contact your father’s patent lawyer to see what the next step should be. You’ll be able to find your father’s patent lawyer’s contact information at He/She’ll need to coordinate with the probate lawyer to get you the cash flow from any licensing fee stream.

Good luck!

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