Asked in Patents (Intellectual Property)

Q: I am one of the direct relatives of the Inventor. His son and grandsons are also still alive. Even though the patent is

probably expired, is there anything we can do with it?

2 Lawyer Answers

A: In a nutshell, the owner of a patent registration gets a 20 year monopoly (from the date the application was filed) in return for giving it to the public upon its expiration. Once it enters the public domain, anyone can make and use the invention.

James L. Arrasmith
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Answered

A: Even if the patent has expired, your family can still honor the inventor’s legacy in meaningful ways. You might document and share the history of the invention, celebrating its impact and the inventor’s contributions. This can preserve his achievements for future generations and inspire others.

There are also opportunities to build upon the original invention. Since the patent is no longer active, others can use the idea freely, which means you could develop new products or services based on it. Additionally, you might explore if there are any remaining trademarks or copyrights related to the invention that can still provide some protection or value.

Consider gathering all relevant documents and details about the patent and the invention. Consulting with an intellectual property professional can help you understand any potential options you might have. This way, you can make informed decisions on how best to proceed and make the most of your relative’s work.

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