Serious advice requested - if possible.
My husbands father invented something many years ago. He had it patented worldwide. It is an item known by almost everyone on the planet now.
The father of the inventor worked for an engineering firm who made the first official design and who ended up manufacturing the very first series. The family believes that he was conned into signing over his son's patent to the engineering firm in return for keeping him in the lifestyle he was accustomed to. Somewhere along the line, my husbands father (the inventor) was promised royalties from all of the future sales of this invention. The royalties continued for a short time, but stopped unexpectedly
The old man (who we think signed over the patent to his firm) died and my husbands father (the inventor) contracted alzheimers and became unable to communicate. His wife who is now very old has told us these bits and peices but it's difficult to figure out if the royalties are still due to his family.
2006-09-13 00:01:18 · 6 answers · asked by quay_grl 5 in Business & Finance ➔ Other - Business & Finance
Thanks for answers so far.
Yes we have all patents and original documents even the royalties documents.
The problem is that the engineering firm went out of business / or was bought out. So to track down their original signed paperwork - I don't know.
2006-09-13 00:18:45 · update #1
Patents have a limited life time. In the US it is 15 years, unless the patent holder goes to court to persuade the Patent Office to extend the patent.
One person cannot sign over another person's patent. If you are in the US, you can contact the Patent Office to see if the patent is still in effect and/or to see who is currently holding the patent. You would have to hire a patent attorney and pay him a fee just to do a search, which can get complicated.
2006-09-13 00:11:13 · answer #1 · answered by regerugged 7 · 0⤊ 0⤋
the answer here is quite simple, all you need to do is obtain historical documents on receipt of these royalties, and gain access to any contracts or signed documents. if none of these exist you will suffer greatly,as then you need to bring in lawyers and by the sounds of it your witnesses aren't in the best state of mind. speak to a lawyer, or why not contatc the company directly and arrange an appointment. sounds like the lack of royalties ahs been for a hwile, this may also count against you as there may be a time frame to protest. main issue: gain hands on royalty document, it may even state that royalties will stop once that guy passes. hope the truth works out
2006-09-13 00:08:00 · answer #2 · answered by PINKTOOTH 1 · 0⤊ 0⤋
Obviously, for a question this complicated you need to contact an attorney immediately. If there is a question of ability to pay, perhaps you could work out a "Contingency Fee" arrangement whereby the attorney gets a percentage of all receipts. Many attorneys would accept that.
2006-09-13 00:04:58 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You've got a very complex issue here & your best is going to be to hire a patent attorney. You can find a listing of attorneys that are registered to practice before the USPTO here: http://des.uspto.gov/OEDCI/GeoRegion.jsp
Hope that helps!
2006-09-13 04:59:52 · answer #4 · answered by TM Express™ 7 · 0⤊ 0⤋
If you have nothing in writing, you have no case.
2006-09-13 00:10:22 · answer #5 · answered by Anonymous · 0⤊ 0⤋
barbara??? is that you?
wheres my money!!
I'MB GUMBY DAMBIT !!
2006-09-13 00:04:32 · answer #6 · answered by turtle 2 · 0⤊ 0⤋