What happens if an inventor becomes legally incapacitated during the patent application process?

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.

If an inventor becomes legally incapacitated during the patent application process, the application can still proceed. According to MPEP 409, ‘If an inventor is legally incapacitated, the legal representative of the inventor may make an application for patent on behalf of the inventor.’ This means that a court-appointed guardian or conservator can act on behalf of the incapacitated inventor to continue the patent application process.

The legal representative must provide evidence of their authority to act for the inventor, such as a court order appointing them as guardian. They can then sign necessary documents and make decisions regarding the patent application on behalf of the incapacitated inventor.

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