How can a joint inventor apply for a patent if another joint inventor is deceased or legally incapacitated?
How can a joint inventor apply for a patent if another joint inventor is deceased or legally incapacitated?
If a joint inventor is deceased or legally incapacitated, the other joint inventor(s) can still apply for a patent by following these steps:
- File the application naming the deceased or legally incapacitated inventor
- Submit a statement identifying the unavailable inventor and their last known address
- Show that the signing inventor is obligated to assign the patent to the same entity as the unavailable inventor, or has sufficient proprietary interest
- Submit the oath or declaration by the available inventor(s)
As stated in MPEP 409.01(a): “In the case of a deceased or legally incapacitated joint inventor, the applicant should identify the unavailable inventor on an application data sheet (ADS) or a substitute statement.”
This process allows the patent application to move forward despite the unavailability of one of the joint inventors.
To learn more:
Topics:
MPEP 400 - Representative of Applicant or Owner,
Patent Law,
Patent Procedure