What documentation is required when an inventor dies during the patent application process?
What documentation is required when an inventor dies during the patent application process?
When an inventor dies during the patent application process, specific documentation is required to continue the application. According to MPEP 409, the following documents are typically needed:
- A copy of the inventor’s death certificate
- Legal documentation showing the authority of the legal representative (e.g., executor of the estate)
- An oath or declaration by the legal representative
The MPEP 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 upon proper intervention.’ This means that the executor or administrator of the deceased inventor’s estate can step in to complete the patent application process.
It’s important to note that the legal representative must provide evidence of their authority to act on behalf of the deceased inventor’s estate, such as letters testamentary or letters of administration issued by a probate court.
For more information on documentation, visit: documentation.
For more information on legal representative, visit: legal representative.