Does pre-AIA 37 CFR 1.47 apply to deceased inventors?
Pre-AIA 37 CFR 1.47 does not directly apply to deceased inventors. The MPEP clearly states: Pre-AIA 37 CFR 1.47 should not be considered an alternative to pre-AIA 37 CFR 1.42 or pre-AIA 35 U.S.C. 117 since the language ‘cannot be found or reached after diligent effort’ has no reasonable application to a deceased inventor.
However, pre-AIA 37 CFR 1.47 does apply in cases where a known legal representative of a deceased inventor:
- Cannot be found or reached after diligent effort, or
- Refuses to make application
In such situations, the last known address of the legal representative must be provided, as per MPEP § 409.03(e).
To learn more:
To learn more:
Topics:
MPEP 400 - Representative of Applicant or Owner,
Patent Law,
Patent Procedure