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

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.

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.”