Can a legal representative file a national patent application?

Yes, a legal representative can file a national patent application in certain circumstances. The Manual of Patent Examining Procedure (MPEP) 201.01 states:

‘A national application may be filed under 35 U.S.C. 111(a) in the U.S. Patent and Trademark Office (USPTO) by… (B) the legal representative (35 U.S.C. 117) of a deceased or legally incapacitated inventor.’

This provision allows for the continuity of the patent application process when the inventor is unable to file themselves. The legal representative must be authorized under 35 U.S.C. 117, which typically includes executors, administrators, or other legal representatives of deceased inventors, or guardians or conservators of incapacitated inventors.

For more information on legal representative, visit: legal representative.

For more information on patent filing, visit: patent filing.