Can a legal representative file an international patent application for a deceased or incapacitated inventor?
Yes, a legal representative can file an international patent application for a deceased or incapacitated inventor, but the rules differ based on the filing date: For applications filed on or after September 16, 2012: If an inventor is deceased or under legal incapacity, the legal representative of the inventor may be an applicant in an…
Read MoreCan a reissue oath or declaration be signed by the legal representative of a deceased or legally incapacitated inventor?
Yes, a reissue oath or declaration can be signed by the legal representative of a deceased or legally incapacitated inventor. The MPEP 1410.01 states: “For applications filed on or after September 16, 2012, if an inventor is deceased or legally incapacitated, the legal representative of the inventor may sign the reissue oath or declaration as…
Read MoreCan a reissue oath or declaration be signed by the executor of a deceased inventor’s estate?
Yes, a reissue oath or declaration can be signed by the executor of a deceased inventor’s estate under certain circumstances. According to MPEP 1414: “Where an executor or administrator has been appointed, that executor or administrator must make the oath or declaration on behalf of a deceased inventor. Where a reissue application is filed on…
Read MoreHow does the USPTO handle patent applications when an inventor dies during prosecution?
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…
Read MoreHow does the USPTO handle proof of proprietary interest for deceased inventors?
How does the USPTO handle proof of proprietary interest for deceased inventors? The USPTO has specific provisions for handling proof of proprietary interest when an inventor is deceased. According to MPEP 409.03(f): ‘In the case of a deceased inventor, the proof of proprietary interest must be signed by the legal representative (executor, administrator, etc.) of…
Read MoreWhat happens if an inventor dies or becomes legally incapacitated after an application is filed?
What happens if an inventor dies or becomes legally incapacitated after an application is filed? If an inventor dies or becomes legally incapacitated after an application is filed, the legal representative of the deceased or incapacitated inventor may make an oath or declaration in compliance with 37 CFR 1.64. The MPEP 409.01(a) states: “If an…
Read MoreCan a deceased inventor’s legal representative sign an assignment for a patent application?
Can a deceased inventor’s legal representative sign an assignment for a patent application? Yes, a deceased inventor’s legal representative can sign an assignment for a patent application. According to MPEP 409.01(a): “The legal representative (executor, administrator, etc.) of a deceased inventor may make an assignment of the deceased inventor’s rights in the application as well…
Read MoreHow does the USPTO handle situations where an inventor is deceased?
When an inventor is deceased, the MPEP 409.03(d) provides specific guidance: In the case of the death of the inventor, the legal representative (executor, administrator, etc.) of the deceased inventor may sign the necessary oath or declaration. This means that: The legal representative of the deceased inventor can sign the required oath or declaration Proof…
Read MoreWhat happens to a patent application when an inventor dies before filing?
When an inventor dies before filing a patent application, the legal representative (executor, administrator, etc.) of the deceased inventor can make the necessary oath or declaration and apply for the patent. This is specified in 37 CFR 1.42 (pre-AIA), which states: “In case of the death of the inventor, the legal representative (executor, administrator, etc.)…
Read MoreHow does the death of an inventor affect power of attorney in a patent application?
The death of an inventor can have significant implications for power of attorney in a patent application. According to MPEP 409.01(a): Unless a power of attorney is coupled with an interest (i.e., a patent practitioner is assignee or part-assignee), the death of an inventor who is an applicant party terminates the power of attorney given…
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