Patent Law FAQ
This FAQ answers all your questions about patent law, patent procedure, and the patent examination process.
MPEP 400 – Representative of Applicant or Owner (4)
A substitute statement is a document that can be used in place of an oath or declaration in patent applications involving deceased or legally incapacitated inventors. According to MPEP 409.01(a):
See 37 CFR 1.64 and MPEP § 604 concerning the execution of a substitute statement by a legal representative in lieu of an oath or declaration.
The substitute statement can be executed by:
- A legal representative of the deceased or incapacitated inventor
- An assignee or obligated assignee
- A party with sufficient proprietary interest in the invention
This allows the application process to continue even when the inventor is unable to provide an oath or declaration due to death or incapacity. The substitute statement must comply with the requirements set forth in 37 CFR 1.64.
To learn more:
Yes, a patent application can be filed on behalf of a deceased inventor under certain circumstances:
- The application must be filed by the legal representative of the deceased inventor’s estate.
- The legal representative must submit an oath or declaration and any necessary assignments.
- The application should be filed as soon as possible after the inventor’s death to avoid potential issues with prior art.
MPEP 409.01 states: “If an inventor dies after an application is filed but before the application is approved for issue as a patent, and this fact is known to the legal representative or the assignee, a petition to change the applicant under 37 CFR 1.46(c)(2) should be filed.”
It’s important to note that the legal representative must act promptly to ensure the application is properly filed and prosecuted in accordance with USPTO regulations.
To learn more:
When an inventor dies during the prosecution of a patent application, the USPTO has specific procedures in place:
- If the inventor died after filing the application, the legal representative (executor or administrator of the estate) can proceed with the application.
- The legal representative must submit evidence of their authority, such as Letters Testamentary or Letters of Administration.
- If there are joint inventors, the surviving inventors can continue the prosecution.
- The oath or declaration requirement can be fulfilled by the legal representative or the joint inventors.
As stated in MPEP 409.01: “If an inventor dies during the prosecution of an application, the legal representative (executor, administrator, etc.) of the deceased inventor may make the necessary oath or declaration.”
To learn more:
When a patent application has multiple inventors and one of them dies, the process for continuing the application depends on whether there’s a power of attorney in place. According to MPEP 409.01(a):
When an application is being prosecuted by joint inventor-applicants without a joint inventor-applicant or patent practitioner having been granted a power of attorney, and a joint inventor-applicant dies after filing the application, the living joint inventor(s) who are the applicant must submit proof that the other joint inventor-applicant is dead.
Here’s what happens in this scenario:
- The surviving inventors must provide proof of the deceased inventor’s death to the USPTO.
- If no legal representative of the deceased inventor intervenes, only the signatures of the living inventors are required on USPTO documents.
- If a legal representative of the deceased inventor intervenes, they must submit a substitute statement complying with 37 CFR 1.64.
- Once a legal representative intervenes, signatures from both the living inventors and the legal representative are required on USPTO documents.
- This requirement continues until the legal representative and living inventors appoint a new representative.
It’s crucial for the surviving inventors to understand these requirements to ensure the application process continues smoothly.
To learn more:
Patent Law (4)
A substitute statement is a document that can be used in place of an oath or declaration in patent applications involving deceased or legally incapacitated inventors. According to MPEP 409.01(a):
See 37 CFR 1.64 and MPEP § 604 concerning the execution of a substitute statement by a legal representative in lieu of an oath or declaration.
The substitute statement can be executed by:
- A legal representative of the deceased or incapacitated inventor
- An assignee or obligated assignee
- A party with sufficient proprietary interest in the invention
This allows the application process to continue even when the inventor is unable to provide an oath or declaration due to death or incapacity. The substitute statement must comply with the requirements set forth in 37 CFR 1.64.
To learn more:
Yes, a patent application can be filed on behalf of a deceased inventor under certain circumstances:
- The application must be filed by the legal representative of the deceased inventor’s estate.
- The legal representative must submit an oath or declaration and any necessary assignments.
- The application should be filed as soon as possible after the inventor’s death to avoid potential issues with prior art.
MPEP 409.01 states: “If an inventor dies after an application is filed but before the application is approved for issue as a patent, and this fact is known to the legal representative or the assignee, a petition to change the applicant under 37 CFR 1.46(c)(2) should be filed.”
It’s important to note that the legal representative must act promptly to ensure the application is properly filed and prosecuted in accordance with USPTO regulations.
To learn more:
When an inventor dies during the prosecution of a patent application, the USPTO has specific procedures in place:
- If the inventor died after filing the application, the legal representative (executor or administrator of the estate) can proceed with the application.
- The legal representative must submit evidence of their authority, such as Letters Testamentary or Letters of Administration.
- If there are joint inventors, the surviving inventors can continue the prosecution.
- The oath or declaration requirement can be fulfilled by the legal representative or the joint inventors.
As stated in MPEP 409.01: “If an inventor dies during the prosecution of an application, the legal representative (executor, administrator, etc.) of the deceased inventor may make the necessary oath or declaration.”
To learn more:
When a patent application has multiple inventors and one of them dies, the process for continuing the application depends on whether there’s a power of attorney in place. According to MPEP 409.01(a):
When an application is being prosecuted by joint inventor-applicants without a joint inventor-applicant or patent practitioner having been granted a power of attorney, and a joint inventor-applicant dies after filing the application, the living joint inventor(s) who are the applicant must submit proof that the other joint inventor-applicant is dead.
Here’s what happens in this scenario:
- The surviving inventors must provide proof of the deceased inventor’s death to the USPTO.
- If no legal representative of the deceased inventor intervenes, only the signatures of the living inventors are required on USPTO documents.
- If a legal representative of the deceased inventor intervenes, they must submit a substitute statement complying with 37 CFR 1.64.
- Once a legal representative intervenes, signatures from both the living inventors and the legal representative are required on USPTO documents.
- This requirement continues until the legal representative and living inventors appoint a new representative.
It’s crucial for the surviving inventors to understand these requirements to ensure the application process continues smoothly.
To learn more:
Patent Procedure (4)
A substitute statement is a document that can be used in place of an oath or declaration in patent applications involving deceased or legally incapacitated inventors. According to MPEP 409.01(a):
See 37 CFR 1.64 and MPEP § 604 concerning the execution of a substitute statement by a legal representative in lieu of an oath or declaration.
The substitute statement can be executed by:
- A legal representative of the deceased or incapacitated inventor
- An assignee or obligated assignee
- A party with sufficient proprietary interest in the invention
This allows the application process to continue even when the inventor is unable to provide an oath or declaration due to death or incapacity. The substitute statement must comply with the requirements set forth in 37 CFR 1.64.
To learn more:
Yes, a patent application can be filed on behalf of a deceased inventor under certain circumstances:
- The application must be filed by the legal representative of the deceased inventor’s estate.
- The legal representative must submit an oath or declaration and any necessary assignments.
- The application should be filed as soon as possible after the inventor’s death to avoid potential issues with prior art.
MPEP 409.01 states: “If an inventor dies after an application is filed but before the application is approved for issue as a patent, and this fact is known to the legal representative or the assignee, a petition to change the applicant under 37 CFR 1.46(c)(2) should be filed.”
It’s important to note that the legal representative must act promptly to ensure the application is properly filed and prosecuted in accordance with USPTO regulations.
To learn more:
When an inventor dies during the prosecution of a patent application, the USPTO has specific procedures in place:
- If the inventor died after filing the application, the legal representative (executor or administrator of the estate) can proceed with the application.
- The legal representative must submit evidence of their authority, such as Letters Testamentary or Letters of Administration.
- If there are joint inventors, the surviving inventors can continue the prosecution.
- The oath or declaration requirement can be fulfilled by the legal representative or the joint inventors.
As stated in MPEP 409.01: “If an inventor dies during the prosecution of an application, the legal representative (executor, administrator, etc.) of the deceased inventor may make the necessary oath or declaration.”
To learn more:
When a patent application has multiple inventors and one of them dies, the process for continuing the application depends on whether there’s a power of attorney in place. According to MPEP 409.01(a):
When an application is being prosecuted by joint inventor-applicants without a joint inventor-applicant or patent practitioner having been granted a power of attorney, and a joint inventor-applicant dies after filing the application, the living joint inventor(s) who are the applicant must submit proof that the other joint inventor-applicant is dead.
Here’s what happens in this scenario:
- The surviving inventors must provide proof of the deceased inventor’s death to the USPTO.
- If no legal representative of the deceased inventor intervenes, only the signatures of the living inventors are required on USPTO documents.
- If a legal representative of the deceased inventor intervenes, they must submit a substitute statement complying with 37 CFR 1.64.
- Once a legal representative intervenes, signatures from both the living inventors and the legal representative are required on USPTO documents.
- This requirement continues until the legal representative and living inventors appoint a new representative.
It’s crucial for the surviving inventors to understand these requirements to ensure the application process continues smoothly.
To learn more: