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
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: https://fees.uspto.gov/MaintenanceFees
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 https://portal.uspto.gov/pair/PublicPair He/She’ll need to coordinate with the probate lawyer to get you the cash flow from any licensing fee stream.
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.