What is the role of a legal representative for a deceased inventor in a patent application?

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.

The legal representative of a deceased inventor plays a crucial role in the patent application process. According to MPEP 409.01:

If an inventor dies during the time intervening between the filing of the application and the granting of a patent thereon, the letters patent may be issued to the legal representative or representatives of the deceased inventor.

The legal representative’s responsibilities include:

• Executing the oath or declaration on behalf of the deceased inventor
• Providing documentation of their authority to act on behalf of the deceased inventor’s estate
• Continuing the prosecution of the patent application
• Receiving the granted patent on behalf of the deceased inventor’s estate

It’s important to note that the legal representative must be properly appointed according to state laws governing estate administration.