What are half-siblings rights to patent/trademark profits?

My uncle died 7 years ago. He has 6 half and 2 full-blooded living siblings. My uncle got a patent on a design invention 9 years ago and the half siblings feel that they have rights to the patent. My father and 1 living aunt are the full-blooded living siblings of my uncle. Neither my uncle, father or aunt were raised with the 6 half siblings and do not want the half siblings to benefit from any profits. Is there any way around the half siblings not benefiting from any possible profits from my uncle’s patent if sold?

Asked on November 9, 2011 under Estate Planning, Ohio


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss.  It seems that there is a ibit of family dissension here and I am sorry for that as well.  I am assuming that your Uncle died with out a Last Will and testament in place (called "intestate"), correct?  If that is the case then the intestacy laws - laws that govern how a person's estate is distributed - would apply.  I am making certain assumptions here.  First, that your uncle was not married and had no children.  Second, that his parents are also deceased.  Based upon those assumptions here is the law in Ohio that I believe applies:

"If there is no spouse, no children or their lineal descendants, and no parent surviving, to the brothers and sisters, whether of the whole or of the half blood of the intestate, or their lineal descendants, per stirpes;...."

So I think that the half siblings will also inherit.  Get help.  Good luck. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.