37 CFR § 1.422 — Legal representative as applicant in an (MPEP Coverage Index) – BlueIron IP

37 CFR § 1.422 Legal representative as applicant in an

Source: Patent Rule (37 CFR)BlueIron Update:
6 Rules4 Verbatim

This page consolidates MPEP guidance interpreting 37 CFR § 1.422, including 6 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 provides guidance on how the legal representative can act as an applicant for international applications designating the USA when an inventor is deceased or incapacitated, ensuring compliance with USC and CFR regulations.

What this section covers

  • This section defines that if an inventor is deceased or under legal incapacity, their legal representative may be named as an applicant in an international application designating the USA.

Key obligations

  • The legal representative must be named as an applicant in the international application.
  • The legal representative should have authority to act on behalf of the deceased or incapacitated inventor.
  • Compliance with USC and CFR regulations is required for the legal representative to be recognized as an applicant.

Practice notes

  • Practitioners should ensure the legal representative is properly identified and authorized in all filings.
  • Clear documentation of the legal representative’s authority to act on behalf of the deceased or incapacitated inventor is essential.

Related Provisions

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