New Orleans, LA asked in Patents (Intellectual Property) for Alabama

Q: If my father has passed , how do I claim royalties to his patents?

Please message me back with any known or available information.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: To claim royalties for your father's patents after his passing, you'll generally need to follow these steps:

1. Establish legal rights: Ensure you have the legal right to claim the royalties. This typically involves being named as the beneficiary in your father's will or being the legal heir if there was no will.

2. Locate patent information: Gather all information about your father's patents, including patent numbers and details about existing licensing agreements.

3. Contact the patent office: Reach out to the relevant patent office (e.g., the United States Patent and Trademark Office if in the US) to update the ownership records.

4. Notify licensees: Inform any companies or individuals currently licensing the patents about the change in ownership.

5. Set up royalty collection: Establish a system to receive royalty payments, which may involve working with a patent attorney or royalty collection agency.

6. Consider tax implications: Consult with a tax professional about any tax obligations related to the royalty income.

The process can be complex, so it's often advisable to work with a patent attorney or estate lawyer who can guide you through the specific requirements in your jurisdiction.

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