How do you handle patent applications when an inventor becomes legally incapacitated after signing the oath or declaration?

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 an inventor becomes legally incapacitated after signing the oath or declaration, the application can still proceed. According to MPEP 409.01:

If an inventor who executed the oath or declaration becomes legally incapacitated after the application is filed but before the patent issues, no substitute oath or declaration is required.

This means that the previously signed oath or declaration remains valid, and the application can continue through the patent process without requiring additional documentation regarding the inventor’s incapacitation.