MPEP § 409.03(c) — Unavailable Legal Representative of Deceased Inventor (Annotated Rules)
§409.03(c) Unavailable Legal Representative of Deceased Inventor
This page consolidates and annotates all enforceable requirements under MPEP § 409.03(c), 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.
Unavailable Legal Representative of Deceased Inventor
This section addresses Unavailable Legal Representative of Deceased Inventor. Primary authority: 35 U.S.C. 117, 37 CFR 1.47, and 37 CFR 1.42. Contains: 1 requirement, 2 prohibitions, and 1 other statement.
Key Rules
AIA Definition of Applicant (37 CFR 1.42)
Pre-AIA 37 CFR 1.47 should not be considered an alternative to pre-AIA 37 CFR 1.42 or pre-AIA 35 U.S.C. 117 since the language “cannot be found or reached after diligent effort” has no reasonable application to a deceased inventor. In re Application Papers Filed September 10, 1954, 108 USPQ 340 (Comm’r Pat. 1955). See pre-AIA 37 CFR 1.42 and MPEP § 409.01. However, pre-AIA 37 CFR 1.47 does apply where a known legal representative of a deceased inventor cannot be found or reached after diligent effort, or refuses to make application. In such cases, the last known address of the legal representative must be given (see MPEP § 409.03(e)).
Pre-AIA 37 CFR 1.47 should not be considered an alternative to pre-AIA 37 CFR 1.42 or pre-AIA 35 U.S.C. 117 since the language “cannot be found or reached after diligent effort” has no reasonable application to a deceased inventor. In re Application Papers Filed September 10, 1954, 108 USPQ 340 (Comm’r Pat. 1955). See pre-AIA 37 CFR 1.42 and MPEP § 409.01. However, pre-AIA 37 CFR 1.47 does apply where a known legal representative of a deceased inventor cannot be found or reached after diligent effort, or refuses to make application. In such cases, the last known address of the legal representative must be given (see MPEP § 409.03(e)).
Pre-AIA 37 CFR 1.47 should not be considered an alternative to pre-AIA 37 CFR 1.42 or pre-AIA 35 U.S.C. 117 since the language “cannot be found or reached after diligent effort” has no reasonable application to a deceased inventor. In re Application Papers Filed September 10, 1954, 108 USPQ 340 (Comm’r Pat. 1955). See pre-AIA 37 CFR 1.42 and MPEP § 409.01. However, pre-AIA 37 CFR 1.47 does apply where a known legal representative of a deceased inventor cannot be found or reached after diligent effort, or refuses to make application. In such cases, the last known address of the legal representative must be given (see MPEP § 409.03(e)).
Pre-AIA 37 CFR 1.47 should not be considered an alternative to pre-AIA 37 CFR 1.42 or pre-AIA 35 U.S.C. 117 since the language “cannot be found or reached after diligent effort” has no reasonable application to a deceased inventor. In re Application Papers Filed September 10, 1954, 108 USPQ 340 (Comm’r Pat. 1955). See pre-AIA 37 CFR 1.42 and MPEP § 409.01. However, pre-AIA 37 CFR 1.47 does apply where a known legal representative of a deceased inventor cannot be found or reached after diligent effort, or refuses to make application. In such cases, the last known address of the legal representative must be given (see MPEP § 409.03(e)).
Citations
| Primary topic | Citation |
|---|---|
| AIA Definition of Applicant (37 CFR 1.42) | 35 U.S.C. § 117 |
| AIA Definition of Applicant (37 CFR 1.42) | 37 CFR § 1.42 |
| AIA Definition of Applicant (37 CFR 1.42) | 37 CFR § 1.47 |
| AIA Definition of Applicant (37 CFR 1.42) | MPEP § 409.01 |
| AIA Definition of Applicant (37 CFR 1.42) | MPEP § 409.03(e) |
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 § 409.03(c) — Unavailable Legal Representative of Deceased Inventor
Source: USPTO409.03(c) Unavailable Legal Representative of Deceased Inventor [R-11.2013]
[Editor Note: This MPEP section is not applicable to applications filed on or after September 16, 2012.]
Pre-AIA 37 CFR 1.47 should not be considered an alternative to pre-AIA 37 CFR 1.42 or pre-AIA 35 U.S.C. 117 since the language “cannot be found or reached after diligent effort” has no reasonable application to a deceased inventor. In re Application Papers Filed September 10, 1954, 108 USPQ 340 (Comm’r Pat. 1955). See pre-AIA 37 CFR 1.42 and MPEP § 409.01. However, pre-AIA 37 CFR 1.47 does apply where a known legal representative of a deceased inventor cannot be found or reached after diligent effort, or refuses to make application. In such cases, the last known address of the legal representative must be given (see MPEP § 409.03(e)).