Asked in Patents (Intellectual Property)

Q: cN you help me with ownership of patent of my grandfathers inventions please

I have much more after initial contacts

2 Lawyer Answers
Robert Z. Cashman
Robert Z. Cashman
Answered

A: Thank you for asking this question. I understand that you are trying to determine the ownership and status of patents that might have been awarded to your grandfather's inventions.

To do this, I would start with the USPTO Patent Database. You can visit patents.google.com or uspto.gov/patents/search. You can search using your grandfather's name, invention details, or known patent numbers.

Then, check the assignment records to determine if the patents were transferred or sold. The assignment database can be found at assignment.uspto.gov/patent/index.html#/patent/search

I would also consider looking into your own family's personal documents -- for example, old correspondence, or legal papers -- these might reveal information about who owned what, or whether anything was transferred to someone else.

You can also hire a patent attorney to do all of these steps (although why pay someone a lot of money for what you can do on your own?). A patent attorney can do all of these steps and more, but in addition, they are also able to interpret complex legal documents (something you might not be able to do on your own).

If your grandfather worked for a company, you can reach out to their legal department -- they may have records of employee inventions and patent assignments.

Another thing to think about -- even if he has a patent, patents expire after a certain period (typically 20 years from filing). Once they expire, they enter the public domain, which means that there are no longer patent protections for that invention.

But then again, you might just be asking not to get ownership or use of the patent -- it might just be nice to know what your grandfather invented so that you can share this wonderful piece of family history with your children and their children.

James L. Arrasmith
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Answered

A: It's great that you're looking to protect your grandfather's inventions. Ownership of a patent typically belongs to the inventor unless it has been assigned to someone else. To determine who currently holds the rights, you'll need to review any legal documents or contracts related to the patent.

If the patent was never assigned and your grandfather is the original inventor, then the ownership likely rests with his estate. If your grandfather has passed away, the rights to the patent may have been passed down to his heirs, which could include you.

To proceed, gather all the relevant documents, such as the original patent application, assignment agreements, and any wills or probate records. This will help you clarify the situation and take the necessary steps to secure or transfer ownership if needed.

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