Notifying the USPTO when someone dies
Executor is responsible for notifying the USPTO
OverviewWhen someone dies
USPTO Contact Center
Phone571-272-1000
Toll-Free1-800-786-9199
Emailusptoinfo@uspto.gov
WebsiteVisit website→
Assignment Recordation Branch
Phone571-272-3350
WebsiteLearn about benefits→
Hours9:30 a.m. to 4:30 p.m. ET, Monday through Friday
Patent Electronic Business Center (filing support)
Phone571-272-4100
Toll-Free1-866-217-9197
Emailebc@uspto.gov
Timeline
Assignment recordation is typically processed within days of submission. Patent maintenance fee payments and trademark Section 8/9 filings are processed immediately when filed online. The executor should record the assignment within three months of the assignment date for full protection against subsequent purchasers.
WebsiteLearn more →
Hours9:00 a.m. to 8:00 p.m. ET, Monday through Friday, excluding federal holidays
Verified Jul 2026
When someone dies, the U.S. Patent and Trademark Office (USPTO) must be notified. The executor is responsible for notifying the USPTO.
Notification 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..
Steps to take
Steps for notifying the USPTO and applying for survivor benefits:
1
Locate all patents and trademarks owned by the deceased:
- •Search the Patent Public Search system (ppubs.uspto.gov) and the Trademark Status and Document Retrieval system (tsdr.uspto.gov)
- •Search the Assignment Center public search at assignmentcenter.uspto.gov/search for prior assignments to or from the deceased
- •Visit a Patent and Trademark Resource Center (PTRC) for free help locating ownership records
- •Review the deceased's personal records, business records, and tax returns for licensing income
2
Identify upcoming maintenance and renewal deadlines:
- •Patent maintenance fees due at 3 to 3.5, 7 to 7.5, and 11 to 11.5 years after issue date
- •Trademark Section 8 Declaration of Use due between 5th and 6th anniversaries of registration
- •Trademark Section 8 & 9 Renewal Application due between 9th and 10th anniversaries, then every 10 years
- •Calendar each deadline immediately — USPTO deadlines do not pause for probate
3
Pay any imminent maintenance or renewal fees:
- •Patent maintenance fees: pay through the Maintenance Fees Storefront at fees.uspto.gov/MaintenanceFees
- •Trademark Section 8 / Section 9 filings: file through TEAS at teas.uspto.gov
- •Anyone can pay patent maintenance fees on behalf of the patent owner — recording the assignment is not a prerequisite
- •If the standard window has passed, file in the six-month grace period with the surcharge to avoid lapse
4
Record the assignment to the heir, beneficiary, or estate:
- •Open an account and file through the USPTO Assignment Center at assignmentcenter.uspto.gov
- •Complete the Patent Assignment Recordation Cover Sheet (for patents) or Trademark Assignment Recordation Cover Sheet (for trademarks)
- •Attach supporting documentation as a black-and-white TIFF or PDF — typically the will, Letters Testamentary, and the assignment instrument transferring the IP to the named beneficiary
- •For trademarks, the assignment must transfer the goodwill of the business along with the mark
5
Update correspondence and ownership records:
- •For pending patent applications, update the correspondence address and power of attorney in Patent Center
- •For registered trademarks, update the owner address through TEAS
- •Notify any patent or trademark attorney representing the estate so they can update their internal docket
6
Track all future maintenance fee and renewal deadlines on the executor's calendar. Failure to pay a patent maintenance fee causes the patent to lapse and patent protection ends. Failure to file a Section 8 declaration or Section 9 renewal causes the trademark registration to be canceled.
Required Documents
- Certified copy of the death certificate
- Letters Testamentary or Letters of Administration (the court order appointing the executor or administrator)
- A copy of the will, if the patent or trademark is specifically devised to a named beneficiary
- Assignment instrument transferring the patent or trademark from the estate to the beneficiary, heir, or new owner
- Patent number(s) or trademark registration number(s) and serial number(s) for each asset being transferred
- Conveying-party and receiving-party information (name and address) for the Assignment Recordation Cover Sheet
Timeline
Assignment recordation is typically processed within days of submission. Patent maintenance fee payments and trademark Section 8/9 filings are processed immediately when filed online. The executor should record the assignment within three months of the assignment date for full protection against subsequent purchasers.
Survivor benefits
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.
Eligibility: Executor, administrator, heir, beneficiary, or successor-in-interest of a deceased patent owner
How to apply: File through the USPTO Assignment Center at assignmentcenter.uspto.gov
Learn more →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.
Eligibility: Executor, administrator, heir, beneficiary, or successor-in-interest of a deceased trademark owner
How to apply: File through the USPTO Assignment Center at assignmentcenter.uspto.gov
Learn more →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.
Eligibility: Executor, administrator, heir, beneficiary, or any party paying on behalf of the patent owner
How to apply: Pay through the Patent Maintenance Fees Storefront
Learn more →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.
Eligibility: Successor-in-interest, executor, administrator, heir, or beneficiary of a deceased trademark owner
How to apply: File through the Trademark Electronic Application System (TEAS) at teas.uspto.gov
Learn more →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.
Eligibility: Open to the public, no appointment or fee required
How to apply: Locate a PTRC through the USPTO office locations map
Learn more →Frequently asked questions
A patent is personal property that passes through the estate under state probate law. The patent remains in force as long as maintenance fees are paid on schedule (3 to 3.5, 7 to 7.5, and 11 to 11.5 years after issue). The executor should locate all patents owned by the deceased, calendar upcoming maintenance deadlines, and record an assignment in the USPTO Assignment Center transferring ownership to the heir, beneficiary, or estate.
A trademark registration is personal property that passes through the estate, together with the goodwill of the business it symbolizes. 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 between the 9th and 10th years (and every 10 years thereafter). Failure to file results in cancellation of the registration.
Recording is not legally required to transfer ownership — title passes under state probate law — but the USPTO statute provides that an unrecorded assignment is void against a subsequent bona fide purchaser unless the assignment is recorded within three months of its date or before the subsequent purchase. Recording also creates a public chain of title that the new owner will need for licensing, enforcement, or sale.
Patent and Trademark Resource Centers (PTRCs) are libraries across the country designated by the USPTO to provide free assistance with searches, application procedures, and locating ownership records. PTRCs cannot provide legal advice but can demonstrate search tools and refer you to the USPTO directory of registered patent attorneys. The USPTO Contact Center at 1-800-786-9199 also answers general procedural questions.
No, an attorney is not required to record an assignment. Anyone can file through the Assignment Center using the Patent Assignment Recordation Cover Sheet or Trademark Assignment Recordation Cover Sheet. However, a patent attorney can help if the IP has significant value, if there are multiple inventors or co-owners, if the assignment is contested, or if you need help locating all of the deceased's IP holdings.
After completing the notification process, eligible survivors can apply for 5 benefits through the USPTO. Each benefit has its own eligibility requirements and application process.
Keep copies of all documents submitted to the USPTO. Original documents submitted for verification are typically returned after processing.
USPTO Contact Center
Phone571-272-1000
Toll-Free1-800-786-9199
Emailusptoinfo@uspto.gov
WebsiteVisit website→
Assignment Recordation Branch
Phone571-272-3350
WebsiteLearn about benefits→
Hours9:30 a.m. to 4:30 p.m. ET, Monday through Friday
Patent Electronic Business Center (filing support)
Phone571-272-4100
Toll-Free1-866-217-9197
Emailebc@uspto.gov
Timeline
Assignment recordation is typically processed within days of submission. Patent maintenance fee payments and trademark Section 8/9 filings are processed immediately when filed online. The executor should record the assignment within three months of the assignment date for full protection against subsequent purchasers.
WebsiteLearn more →
Hours9:00 a.m. to 8:00 p.m. ET, Monday through Friday, excluding federal holidays
Verified Jul 2026