While cash can certainly help your beneficiaries, one of the most valuable things you can leave behind is an idea. Intellectual property can theoretically continue to provide income for your family into the foreseeable future, and it may even become more profitable as time goes on. But how exactly do you protect your intellectual property with effective estate planning, ensuring that your profitable ideas stay within the family?
Top Considerations for Intellectual Property in Estate Planning
There are two main considerations for those who wish to include intellectual property in their estate plans. The first consideration is the value of the intellectual property. Assessing the value of intellectual property may be challenging since this is an abstract, intangible asset rather than a house or a certain amount of money in a bank account. The intellectual property may also lack a documented earning history. On the other hand, intellectual property may be easier to value if it has already generated profits.
It is worth noting that most patents and trademarks eventually expire. Therefore, the lifetime of the intellectual property should be taken into account when valuing this property. For example, the copyright for a musical song generally expires 70 years after the death of the author.
The second consideration is the ongoing handling or maintenance of the intellectual property into the future. Estate planners should ask themselves how they want their beneficiaries to use the intellectual property in the future. Estate planning attorneys can help individuals in New Jersey put these limitations in place.
For example, an author may not want their novel to be adapted into a movie in the future. Some estate planners may specifically ask that their intellectual property be made freely available to the public. Others may not want certain songs used in commercials. A notable case involved the author Franz Kafka, who requested in writing that at the time of his death, his books were to be burned before they were read.
Maintenance also involves regular payments of renewal fees, such as the fees associated with maintaining a patent. Another form of maintenance might involve continuing legal action for the approval of the patent or trademark. For example, the estate planner may not have finished the application process for a new trademark or copyright.
Special Considerations for Trade Secrets
Estate planners must be especially careful when protecting trade secrets after their passing. Unlike a song or a book that is widely distributed, trade secrets represent intellectual property that should never be made available to the public. Therefore, individual estate plans may inadvertently expose these trade secrets to the public, potentially damaging the business interests that a decedent leaves behind. To discuss strategies for protecting trade secrets after your passing, it is best to speak directly with a qualified estate planning attorney in New Jersey.
Where Can I Find an Experienced Estate Planning Attorney in New Jersey?
If you have been searching for an experienced estate planning attorney in New Jersey, look no further than Giro, LLP, Attorneys at Law. We understand that each person approaches estate planning with different needs and priorities. With our help, you can devise a personalized estate plan that takes into account your unique goals – including the protection of intellectual property. Book your consultation today to get started with an effective estate plan.