How does the USPTO handle patent applications when an inventor is legally incapacitated?

How does the USPTO handle patent applications when an inventor is legally incapacitated?

The USPTO has provisions for handling patent applications when an inventor is legally incapacitated. The MPEP 409.03(b) states:

“If a person is legally incapacitated, the legal representative (guardian, conservator, etc.) of such inventor may make the necessary oath or declaration, and apply for and obtain the patent.”

In these cases:

• The legal guardian or conservator acts on behalf of the incapacitated inventor
• They must provide proof of their legal authority to represent the incapacitated inventor
• The guardian or conservator executes the necessary oath or declaration
• They handle all aspects of the patent application process on behalf of the inventor

This approach ensures that the intellectual property rights of legally incapacitated inventors are protected and that their inventions can still be patented.

To learn more:

• legally incapacitated inventor
• legal guardian
• conservator
• patent application