When can a legal representative sign a substitute statement for a deceased inventor?
A legal representative can sign a substitute statement for a deceased inventor when they are authorized to act on behalf of the deceased inventor’s estate. This typically occurs when the inventor has passed away during the patent application process or before it began.
According to MPEP 604: ‘A substitute statement may be made by the legal representative (e.g., executor, administrator, etc.) of a deceased inventor.’ The legal representative must be able to show their authority to act for the deceased inventor’s estate, which may require providing documentation such as a court appointment or letters testamentary.
It’s important to note that the substitute statement must still comply with all the requirements of 37 CFR 1.64, including identifying the deceased inventor, stating the legal representative’s relationship to the inventor, and acknowledging that willful false statements are punishable by law.
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