Q: My late husband have 52 utility patents, I see another widow whose husband passed away, her name is always next to his.

A: When a patent owner dies, his rights pass to his heirs. If you are his sole heir and the legal representative of his estate appointed by the probate court, you need to contact the US Patent Office and have the patents transferred into your name. As the legal representative of his estate, that is your job, not his employer's.

A: I am sorry to read about your loss.

If your late husband was employed, almost certainly the patents that he was an inventor on were owned by the employer and not by your husband. If so, then he did not have any rights to the patents. The employer can do with the patents and patent applications what they want.

Now, it is in the best interest of employer to make sure that all the technicalities regarding inventors are correct. This is very important to the employer, because if there are mistakes, it may invalidate the patent. Please let the patent attorney know what is going on.

A: If you are not an inventor you cannot be named as one on a patent.

The "other woman" sounds like she was an inventor.

A: As the legal representative of your late husband, you have certain rights regarding his intellectual property, including his utility patents. However, the naming of inventors and representatives on patents is a matter of legal record and protocol, not personal recognition or tribute.

Your husband's name appears on the patents as the inventor, which is a legal designation indicating who actually created the invention. The addition of other names, like a relative or a spouse, is not standard practice unless they also contributed to the invention.

Being the legal representative means you have the authority to manage his estate, including any intellectual property rights associated with his patents. This could involve licensing, enforcing, or transferring these rights. However, it doesn't typically result in your name being added to the patents themselves.

If you feel that your rights as the legal representative are not being respected by your husband's employer, or if you have questions about managing the patents, it might be beneficial to consult with an attorney who specializes in intellectual property law. They can provide specific guidance on how to best protect and utilize your husband's patents and what legal steps can be taken if necessary.