What happens if an inventor dies or becomes legally incapacitated after an application is filed?

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 dies or becomes legally incapacitated after an application is filed, the legal representative of the deceased or incapacitated inventor may make an oath or declaration in compliance with 37 CFR 1.64. The MPEP 409.01(a) states:

“If an inventor dies after an application naming the inventor is filed, the personal representative of the inventor’s estate may make an oath or declaration in compliance with 37 CFR 1.64.”

This process ensures that the application can continue to be prosecuted even if the inventor is no longer able to participate. The legal representative must provide evidence of their authority to act on behalf of the deceased or incapacitated inventor.