How does the USPTO handle patent applications when an inventor dies during prosecution?

When an inventor dies during the prosecution of a patent application, the USPTO has specific procedures in place:

• If the inventor died after filing the application, the legal representative (executor or administrator of the estate) can proceed with the application.
• The legal representative must submit evidence of their authority, such as Letters Testamentary or Letters of Administration.
• If there are joint inventors, the surviving inventors can continue the prosecution.
• The oath or declaration requirement can be fulfilled by the legal representative or the joint inventors.

As stated in MPEP 409.01: “If an inventor dies during the prosecution of an application, the legal representative (executor, administrator, etc.) of the deceased inventor may make the necessary oath or declaration.”

To learn more:

• deceased inventor
• patent prosecution
• legal representative
• joint inventors