What happens to a patent application when an inventor dies before filing?

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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. When an inventor dies before filing a patent application, the legal representative (executor, administrator, etc.) of the deceased inventor can make the necessary oath or declaration and apply for the patent. This is specified in 37 CFR 1.42 (pre-AIA) , which states: “In case of the death of the inventor, the legal representative (executor, administrator, etc.) of the deceased inventor may make the necessary oath or declaration, and apply for and obtain the patent.” The legal representative must comply with the same requirements and conditions that would have been applicable to the inventor. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Requirement for Deceased Inventor Applications Before September 16, 2012 MPEP 409 Requirement for Unavailable Inventors After September 16, 2012 MPEP 409 Requirement for Posthumous Patent Applications MPEP 409 Requirement for Handling Patent Applications with Unavailable Inventors Before Sept 16, 2012 MPEP 409 First Three Examination Methods Discussed MPEP 1400.01 Reexamination Requests Prohibited After September 16, 2012 MPEP 1400.01 Permitted Supplemental Examination Requirement for Patent Applications MPEP 1400.01 Requirement for Reissue Oath or Declaration MPEP 1414 Reissue Oath or Declaration Compliance Requirement MPEP 1412.04 Required Oath or Declaration Required for Reissue Applications Filed On or After September 16, 2012 MPEP 1414.01 Other Related FAQs 5 FAQs Collapse What happens to a patent application if an inventor dies after filing but before issuance? What happens if an inventor becomes available after a 37 CFR 1.47(a) petition is granted? What happens if the last-known address of an unavailable inventor is inva...