Re: Almost Expired Patent

Subject: Re: Re: Almost Expired Patent

Comments:
: : I am handling a probate estate, and the decedent had rights to a patent that was granted (issued) in 6/1985. The application was filed in 2/1983. It is my understanding that the patent will expire in 2/2003. Is that correct? : : When the patent expires is there any value? I'm trying to figure out if this is worth probating, should I enlist the services of a patent attorny, or just let it go. : : Thank you. : Dear Margaret, : The patent has expired base on what you say. Is the patent the only thing in the estate? If it is then, there is no reason to probate. If it were live patent of value, then the patent should be assigned by the estate. : Just having a patent can just be a waste of money. The patent must fill a need, if only, when it comes to a weak or usless patent, it can be use to advertize the product or be a scarecrow to competitors. : 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 : ELAINE's Workshop® : E arly L egal A dvice I s N ot E xpensive™ : Reality Check®

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