This page consolidates MPEP guidance interpreting 35 U.S.C. § 117, including 16 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.

Summary

This section addresses how to file patent applications on behalf of a deceased or legally incapacitated inventor, ensuring that the legal representative complies with the same requirements and terms as the original inventor.

What this section covers

• Defines that this section covers applications filed by legal representatives after the death or incapacity of an inventor.
• Identifies that this section provides guidance on how to proceed with patent applications when the original inventor is no longer capable of doing so.

Key obligations

• Legal representatives must comply with the same requirements and terms as the original inventor.
• Applications filed by legal representatives must be made on behalf of the deceased or incapacitated inventor.
• The application process for legal representatives is subject to USC and CFR provisions.

Practice notes

• Advise practitioners to ensure that the legal representative has proper authority and documentation to file on behalf of the deceased or incapacitated inventor.
• Warn against filing without verifying that all necessary requirements and conditions for the application have been met.

Related Provisions

• 37 CFR § 1.64
• 35 U.S.C. § 118
• 35 U.S.C. § 115
• 35 U.S.C. § 116
• 37 CFR § 1.47

Based on MPEP Last Modified: 10/30/2024 08:50:22