What happens if an inventor dies or becomes legally incapacitated after an application is filed?
What happens if an inventor dies or becomes legally incapacitated after an application is filed?
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.
To learn more:
Topics:
MPEP 400 - Representative of Applicant or Owner,
Patent Law,
Patent Procedure