What happens if a legal representative hasn’t been appointed for a deceased inventor?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice. If a legal representative hasn’t been appointed for a deceased inventor in an application filed before September 16, 2012, the situation can be complex. According to MPEP 409.01(b) : If no legal representative has been appointed, the examiner will reject the application under 35 U.S.C. 102(f) on the basis that the applicant is not the inventor and/or on the basis that there is no right to apply in any person other than the inventor. This means that without a legal representative, the application may face rejection. It’s crucial to appoint a legal representative as soon as possible to avoid this outcome. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Requirement for Deceased Inventor in Application Filed After September 16, 2012 MPEP 409.01(b) Legal Representative Can Apply for Patent MPEP 409.01(b) Permitted Requirement for Deceased Inventor Applications Before September 16, 2012 MPEP 409 Heirs Must Identify as Legal Representative MPEP 409.01(b) Recommended Death Terminates Power of Attorney Before September 16, 2012 MPEP 409.01(b) Legal Representative Must Submit Substitute Statement MPEP 409.01(a) Required Legal Representative Required for Joint Inventor Application MPEP 409.01(a) Required Legal Representative Can Make Inventor's Oath for Patent Application MPEP 409.01(b) Permitted Proof of Authority for Deceased Inventor Not Needed MPEP 409.01(b) Required Legal Representative Must Submit Oath When Intervening MPEP 409.01(b) Required Other Related FAQs 5 FAQs Collapse What happens to a patent application if an inventor dies after filing but before issuance? What is the role of an administrator in filing a patent application for a deceased inventor? How can a...