A number of years ago (in 1978) my father created and patented a type of exercise equipment. The patent has been cited by a number of other patent holders and was wondering if this meant there should any sort of royalties paid out.
My father is now deceased but if there were and royalties due would my fathers next of kin be eligible to receive these payments?
i) Patent applicants cite other patents as they are supposed to disclose prior art in the field known to them and to signify difference or improvement envisaged to be brought about by the new invention.
ii) Citing any patent does not entitle patent holder of the cited patent any compensation/royalty.
iii) Infringement of patent right is to be found out by the patent holder and infringement suit is to be initiated by him for compensation for loss of income etc by the act of the infringer.
iv) After expiry of patent life cycle the knowledge becomes public property and patent holder has no claim to any right protected so far by grant of patent.
v) These are very basic things related to infringement. With facts put forward it is impossible to advice or suggest. However, it seems there is no case of infringement and hence possibility of any compensation may not arise.
