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Posted by M Arthur Auslander on June 13, 2002 at 00:37:24:

In Reply to: Need mailing address posted by Jim M. on June 12, 2002 at 13:59:27:

: Greetings, my father-in-law had several patents registered in his name that are quite successful. He passed last august very unexpectedly and my mother-in-law is running into many problems. His patent attorney is stating that he has no copies of the patents in my father-in-laws name, even though he is the one who processed them. All my father-in-laws papers were kept in his office where his partner has now confiscated everything and denies any knowledge of any papers but is currently attempting to turn the patents into his/companies name with the assistance of the smae patent attorney. Since his death, no royalties have been paid to the family but have been intercepted by the company. After all this my question is as follows: Who can I, or my mother-in-law, write to, call or speak to to obtain offical copies of these patents in my father-in-laws name so we can stop any attempt to fraudulently transfer them or change them? We are not looking to get anything more than what is rightfully and legally due my mother-in-law. Please feel free to e-mail me directly as well as post a response here. Thank You for your help. -Jim

Dear Jim,
It may be true that the patent attorney has no copies of the patent he has obtained but it seems strange that he has not at least given you the patent numbers to that you can obtain copyies yourself. It is also strange that there does not appear to be anything said about wether or not there have been any assignments of the patents.

Are you sure you are dealling with registered patent lawyer? The USPTO is the only Federal Agency that requires lawyer in good standing to pass a special examination before they can practice before it.

It is possible that you are dealing with general lawyers who have used patent counsel and do not understand what to do.

If there are licences or assignment, it would seem that the lawyers should have records and at least inform you of the status of their records. They may want to charge a fee for what they do but it might be even unethical to refuse to give information involved with the estate if requested.

M. Arthur Auslander

Auslander & Thomas-Intellectual Property Law Since 1909
505 Eighth Avenue, New York, NY 10018
212-594-6900, fax 212-244-0028, aus@auslander.com
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