Can a reissue oath or declaration be signed by the legal representative of a deceased or legally incapacitated inventor?

Yes, a reissue oath or declaration can be signed by the legal representative of a deceased or legally incapacitated inventor. The MPEP 1410.01 states:

“For applications filed on or after September 16, 2012, if an inventor is deceased or legally incapacitated, the legal representative of the inventor may sign the reissue oath or declaration as the inventor.”

This provision ensures that the reissue process can proceed even when an inventor is unable to personally sign the oath or declaration. However, it’s important to note that:

• The legal representative must be authorized to act on behalf of the inventor
• Documentation proving the legal representative’s authority may be required
• For broadening reissues, all living inventors must still sign the oath or declaration

This allowance helps maintain the integrity of the patent system while accommodating unavoidable circumstances affecting inventors.

To learn more:

• reissue oath
• reissue declaration
• deceased inventor
• legally incapacitated inventor
• legal representative