MPEP § 409 — Death, Legal Incapacity, or Unavailability of Inventor (Annotated Rules)
§409 Death, Legal Incapacity, or Unavailability of Inventor
This page consolidates and annotates all enforceable requirements under MPEP § 409, including statutory authority, regulatory rules, examiner guidance, and practice notes. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Death, Legal Incapacity, or Unavailability of Inventor
This section addresses Death, Legal Incapacity, or Unavailability of Inventor.
Key Rules
AIA Effective Dates
For information regarding applications for patent filed on or after September 16, 2012 on behalf of a deceased or legally incapacitated inventor, see MPEP § 409.01(a). For information regarding applications for patent filed on or after September 16, 2012 where the inventor or at least one joint inventor is unavailable, see MPEP §§ 409.02, 604, and 605.
For information regarding applications for patent filed on or after September 16, 2012 on behalf of a deceased or legally incapacitated inventor, see MPEP § 409.01(a). For information regarding applications for patent filed on or after September 16, 2012 where the inventor or at least one joint inventor is unavailable, see MPEP §§ 409.02, 604, and 605.
For information regarding applications for patent filed before September 16, 2012 on behalf of a deceased inventor or legally incapacitated inventor, see MPEP § 409.01(b). For information regarding applications for patent filed before September 16, 2012 where at least one inventor is unavailable, see MPEP §§ 409.03 – 409.03(j).
For information regarding applications for patent filed before September 16, 2012 on behalf of a deceased inventor or legally incapacitated inventor, see MPEP § 409.01(b). For information regarding applications for patent filed before September 16, 2012 where at least one inventor is unavailable, see MPEP §§ 409.03 – 409.03(j).
Citations
| Primary topic | Citation |
|---|---|
| AIA Effective Dates | MPEP § 409.01(a) |
| AIA Effective Dates | MPEP § 409.01(b) |
| AIA Effective Dates | MPEP § 409.02 |
| AIA Effective Dates | MPEP § 409.03 |
Source Text from USPTO’s MPEP
This is an exact copy of the MPEP from the USPTO. It is here for your reference to see the section in context.
Official MPEP § 409 — Death, Legal Incapacity, or Unavailability of Inventor
Source: USPTO409 Death, Legal Incapacity, or Unavailability of Inventor [R-11.2013]
For information regarding applications for patent filed on or after September 16, 2012 on behalf of a deceased or legally incapacitated inventor, see MPEP § 409.01(a). For information regarding applications for patent filed on or after September 16, 2012 where the inventor or at least one joint inventor is unavailable, see MPEP §§ 409.02, 604, and 605.
For information regarding applications for patent filed before September 16, 2012 on behalf of a deceased inventor or legally incapacitated inventor, see MPEP § 409.01(b). For information regarding applications for patent filed before September 16, 2012 where at least one inventor is unavailable, see MPEP §§ 409.03 – 409.03(j).