The U.S. Patent and Trademark Office is the federal agency within the Department of Commerce that grants patents and registers trademarks. Patents and trademarks are personal property that pass through the estate when the owner dies. The executor must record an assignment transferring ownership to the heir or beneficiary through the USPTO Assignment Center. Patent maintenance fees and trademark renewal deadlines continue running during probate — missing them can cause the patent to lapse or the trademark registration to be canceled.

Death notification

The USPTO does not have a death-notification process for patent or trademark owners. Patents and trademarks are personal property that transfer to heirs or beneficiaries under state probate law. The executor or successor-in-interest records the change of ownership by filing an assignment through the USPTO Assignment Center. Recording is not legally required to transfer ownership, but recording within three months of the assignment protects the new owner against subsequent purchasers and creates a public record of the chain of title.

Deadline: No USPTO deadline for recording a change of ownership after death, but patent maintenance fees and trademark renewals continue running and do not pause for probate. Record the assignment as soon as the executor has Letters Testamentary or Letters of Administration.

Survivor benefits

The USPTO offers 5 benefits for surviving family members.

Patent Assignment Recordation

Recording an assignment in the USPTO Assignment Center transfers patent ownership from the deceased inventor or assignee to the heir, beneficiary, or estate. The executor files a Patent Assignment Recordation Cover Sheet and attaches the assignment document (or the will and Letters Testamentary establishing the executor's authority) as a black-and-white TIFF or PDF. Recording protects the new owner against subsequent purchasers and creates a public chain of title.

Trademark Assignment Recordation

Recording an assignment in the USPTO Assignment Center transfers trademark ownership and the associated goodwill from the deceased owner to the heir, beneficiary, or estate. Trademarks must be assigned together with the goodwill of the business symbolized by the mark. The executor files a Trademark Assignment Recordation Cover Sheet and attaches the supporting documentation. The new owner is then responsible for filing future Section 8 declarations and Section 9 renewals to keep the registration alive.

Patent Maintenance Fee Payment by Successor

After the patent owner dies, maintenance fees must be paid at 3 to 3.5 years, 7 to 7.5 years, and 11 to 11.5 years after the patent's issue date to keep the patent in force. Anyone can pay maintenance fees on behalf of the patent owner — the executor or heir does not need to record the assignment first. If the standard window is missed, payment is still possible during the six-month grace period (3.5 to 4 years, 7.5 to 8 years, 11.5 to 12 years) with a surcharge. After the grace period expires, the patent lapses and protection ends.

Trademark Section 8 & 9 Filings by Successor

After the trademark owner dies, the successor-in-interest is responsible for filing the Section 8 Declaration of Use between the 5th and 6th years after registration and the combined Section 8 & 9 Renewal Application between the 9th and 10th years (and every 10 years thereafter). A six-month grace period follows each deadline with an additional per-class fee. Missing the grace period results in cancellation or expiration of the registration.

Patent and Trademark Resource Center (PTRC) Free Help

PTRCs are a nationwide network of academic, public, and state libraries designated by the USPTO to provide free assistance with patent and trademark matters. Trained librarians help with search tools, application procedures, and locating ownership records — useful when the executor needs to find all patents and trademarks owned by the deceased before recording assignments. PTRCs do not provide legal counsel but can refer to the USPTO directory of registered patent attorneys.

When someone dies

Notifying the USPTO after a death

6-step process, 6 required documents, and 5 survivor benefits.

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Frequently asked questions

File through the USPTO Assignment Center at assignmentcenter.uspto.gov. Complete the Patent Assignment Recordation Cover Sheet or Trademark Assignment Recordation Cover Sheet, attach supporting documentation as a black-and-white TIFF or PDF, and submit electronically. Typical supporting documents include the will, Letters Testamentary, and the assignment instrument naming the beneficiary.

Maintenance fees are due at three intervals after the patent issues: 3 to 3.5 years, 7 to 7.5 years, and 11 to 11.5 years. A six-month grace period (3.5 to 4 years, 7.5 to 8 years, 11.5 to 12 years) allows late payment with a surcharge. If the grace period expires without payment, the patent lapses and protection ends. Maintenance fees apply only to utility patents — design patents and plant patents do not require maintenance fees.

Yes. Anyone can pay maintenance fees on behalf of the patent owner — recording the assignment is not a prerequisite. The executor should pay any maintenance fees that come due during probate to prevent the patent from lapsing, then record the assignment when convenient.

If you miss the standard window (3 to 3.5, 7 to 7.5, or 11 to 11.5 years), you can still pay in the six-month grace period with a surcharge (3.5 to 4 years, 7.5 to 8 years, or 11.5 to 12 years). If the grace period expires, the patent lapses. Reinstatement may be possible by filing a petition showing the delay was unintentional, but the petition fee is substantial and reinstatement is not guaranteed.

A Section 8 Declaration of Use is a sworn statement that the trademark is still being used in commerce, filed between the 5th and 6th years after registration and between the 9th and 10th years (and every 10 years thereafter). It requires a specimen showing current use and a per-class fee. A six-month grace period applies with an additional fee. Failure to file results in cancellation of the registration.

A Section 9 renewal application keeps a trademark registration alive for another 10 years. It is filed between the 9th and 10th anniversaries of registration and every 10 years thereafter, typically combined with the Section 8 Declaration of Use as a single Combined Section 8 & 9 filing. A six-month grace period applies with an additional fee. Failure to renew results in expiration of the registration.

A Section 15 Declaration of Incontestability is an optional filing that makes a Principal Register trademark incontestable on most grounds after five consecutive years of continuous use. It is typically filed with the Section 8 Declaration as a combined Section 8 & 15 filing during the 5th-to-6th-year window. Filing Section 15 strengthens the registration but is not required to keep it alive.