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Petspread

posts: 18

Nov 23, 2007 11:52 AM ET Quote Report Abuse

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What happens to patents and trademarks when you die. Should these be listed in your will as property passed on to beneficiaries so they can reapply when needed?

scottg

posts: 68

Nov 24, 2007 2:01 AM ET Quote Report Abuse

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Great question! Never thought about that one before.

I think they pass into your estate then distributed according to your will. I`d check the USPTO (patent and trademark office) online to be sure.

Here`s a tricky related question: What happens to Trade Secrets after you die? Any intellectual property attorneys out there???

Success to You!

patentandtrademark

posts: 1332

Nov 30, 2007 9:14 AM ET Quote Report Abuse

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yes these should be listed in your will.

-------------------------

James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com

consumertreehouse

posts: 64

Dec 03, 2007 11:49 AM ET Quote Report Abuse

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Without question they should be listed in your will. I bought a trademark at auction a little over a year ago and just sold it to a private company for a great profit.

My Grandfather has several trademarks that he has had for years and they are all listed in his will, so when he passes they will be divided among the grandchildren.

I think all assets should be listed in your will regardless of what they actually are.

-------------------------

The ConsumerTreehouse.com Team
www.consumertreehouse.com

Petspread

posts: 18

Dec 03, 2007 12:08 PM ET Quote Report Abuse

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Thank you Patent and Trademarks and Consumer Treehouse, well appreciated advice.

Judy

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