Q: My father invented something held patent from 1968 though 1983 his idea was taken what can I do dad died

2 Lawyer Answers
Peter D. Mlynek
Peter D. Mlynek
Answered
  • Patents Lawyer
  • Moorestown, NJ

A: Sorry, but there is really not much that can be done now.

Firstly, patents expire. When a patent expires, the owner is not able to enforce it anymore. Your father's patent, if i issued in 1968, would have expired in 1985.

If the patent expired in 1985, and if someone copied the invention as defined by the claims in 1983, you could have sued. But you needed to file a suit against the infringer within 2 years, 4 years, or 6 years (depending on the state), and not wait untill now.

James L. Arrasmith
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Answered

A: If your father held a patent from 1968 to 1983 and you believe his invention was unfairly used after his passing, it's crucial to understand the specifics of patent laws. Patents typically protect inventions for a limited time, which for many countries is 20 years from the filing date. Since your father's patent has expired, the invention would now be in the public domain, meaning anyone can use the idea without infringement.

Given this situation, pursuing legal action for patent infringement might not be feasible if the patent has already expired. However, if there are concerns about the way his invention was used or credited after his passing, exploring other intellectual property rights, like copyrights or trademarks, could be beneficial. These rights can sometimes offer protection in ways that patents do not, especially regarding the attribution of the invention.

To navigate these complex matters, consulting with an attorney experienced in intellectual property law is advisable. They can provide tailored advice based on the specifics of your father's invention and the details of the alleged infringement. While the patent itself may no longer offer protection, there could be other avenues to ensure your father's contributions are acknowledged and respected.

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