Patent owner passed away.... assignment from Trust/Estate to purchaser

Started by dab2d, 07-01-15 at 10:43 PM

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dab2d

So in keeping the chain of title free and clear, do you need to record the transferring document to the estate, or can you just record a transfer from the trust/estate to the respective purchaser?
Nothing I post on this forum is legal advice.  You rely on anything I post at your own risk.  This post does not form an attorney client relationship between myself any person participating in this thread.

JimIvey

I guess this boils down to whether the absence of a recorded transfer of title from "Joan B. de Inventor" to "The estate of Joan B. de Inventor" is a problematic missing link in the chain of title.  For PTO purpose (who controls prosecution), it's probably not a big deal.

Is it possible that something owned by a deceased person can pass directly to something other than their estate?  Anybody know estate law here?

Unless there's something private and/or embarrassing in the document that officially transfers ownership to the estate, I'd record that, just to avoid the question.  However, it may be entirely superfluous (though not harmful).

Regards.
--
James D. Ivey
Law Offices of James D. Ivey
http://www.iveylaw.com
Friends don't let friends file provisional patent applications.



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