QUESTION

unpatented

Asked on Sep 19th, 2013 on Patents - California
More details to this question:
My  husband died and I was warded all personal property does that include patents and copyrights and if so when I look his grapes patent why do they say  unpatented.
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1 ANSWER

Intellectual Property Attorney serving Manchester, NH at Hayes Soloway P.C.
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Hi Takisia, I am sorry for your loss. All copyrights require an executed document to assign ownership, as do patents. However, ownership of copyrights and patents can also pass through state intestacy laws. See 201 d(1): http://www.copyright.gov/title17/92chap2.html  Here is discussion of a related patent case: http://www.patentlyo.com/patent/2008/04/patent-asignmen.html I see 23 issued patents for Timothy P. Shaheen. Some have expired, but most have not. http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO2&Sect2=HITOFF&u=%2Fnetahtml%2FPTO%2Fsearch-adv.htm&r=0&f=S&l=50&d=PTXT&RS=IN%2F%22Sheehan%3B+Timothy%22&Refine=Refine+Search&Refine=Refine+Search&Query=IN%2F%22Sheehan%3B+Timothy+p%22 (not sure if this link will work). Good luck and I'm sorry.  
Answered on Sep 19th, 2013 at 9:23 AM

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