How can an applicant proceed if an inventor is deceased?

How can an applicant proceed if an inventor is deceased?

If an inventor is deceased, the applicant can proceed with the patent application by filing a petition under 37 CFR 1.47(b). The MPEP states:

“When an inventor dies during the time intervening between the filing of the application and the granting of a patent thereon, the letters patent may be issued to the legal representative or heir of the inventor upon proper intervention.”

To file the petition, the applicant must:

• Submit the petition fee set forth in 37 CFR 1.17(g)
• Provide proof of the inventor’s death, such as a death certificate
• Include an oath or declaration by the legal representative or heir

The legal representative or heir should state their relationship to the deceased inventor and that they are the legal representative or heir.

To learn more:

• deceased inventor
• legal representative
• heir
• petition
• 37 CFR 1.47(b)

To learn more:

• 37 CFR 1.47(b)