How does the death of an inventor affect power of attorney in a patent application?

The death of an inventor can have significant implications for power of attorney in a patent application. According to MPEP 409.01(a):

Unless a power of attorney is coupled with an interest (i.e., a patent practitioner is assignee or part-assignee), the death of an inventor who is an applicant party terminates the power of attorney given by the deceased inventor in an application filed on or after September 16, 2012.

This means that in most cases, when an inventor who is also an applicant dies, any power of attorney they had given is automatically terminated. As a result:

• If the deceased inventor was the sole inventor-applicant, a new power of attorney is necessary.
• If all powers of attorney in the application have been terminated due to the inventor’s death, a new power of attorney is required.
• The new power of attorney must come from the heirs, administrators, executors, or assignees of the deceased inventor.

It’s important for legal representatives and other parties involved in the patent application to be aware of this and take appropriate action to ensure the application can continue to be prosecuted effectively.

To learn more:

• power of attorney
• deceased inventor
• patent application
• legal representative