How can an heir of a deceased inventor file a patent application?
An heir of a deceased inventor can file a patent application under certain conditions. The MPEP 409.01(b) states:
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 heirs of the deceased inventor.
To file the application, the heir should:
- Obtain legal recognition as the heir or legal representative
- File the application on behalf of the deceased inventor
- Provide documentation proving their status as heir or legal representative
- Complete the necessary oath or declaration
It’s advisable to consult with a patent attorney to ensure all legal requirements are met.
To learn more:
Topics:
MPEP 400 - Representative of Applicant or Owner,
Patent Law,
Patent Procedure