The valuation of a patent, trademark, copyright, license, or franchise, is a question of fact in each instance. The representative(s) of the estate has the burden of proof to show the history of the item being valued, the state of the art, or the monopoly created as of the date of death. The bookkeeping entries or original costs are not regarded as a reliable gauge of value. In most cases, the date of death value is primarily based upon the probable earnings such items will bring their owner(s).
N.J. Admin. Code § 18:26-8.17