How can a legal representative file a patent application for a deceased inventor?
How can a legal representative file a patent application for a deceased inventor? For patent applications filed on or after September 16, 2012, a legal representative can file a patent application for a deceased inventor by following these steps: Submit an Application Data Sheet (ADS) naming the deceased inventor Include a substitute statement in lieu…
Read MoreWhat documentation is needed for a legal representative to act on behalf of a deceased or incapacitated inventor?
What documentation is needed for a legal representative to act on behalf of a deceased or incapacitated inventor? To act on behalf of a deceased or incapacitated inventor, a legal representative must provide appropriate documentation to the USPTO. The MPEP 409.01(a) states: “Office personnel will not question whether the person signing the oath or declaration…
Read MoreHow can a legal representative file a patent application for a deceased inventor after September 16, 2012?
How can a legal representative file a patent application for a deceased inventor after September 16, 2012? For patent applications filed on or after September 16, 2012, a legal representative can file an application for a deceased inventor by following these steps: File the application normally, listing the deceased inventor Submit an Application Data Sheet…
Read MoreWhat should be done if a legal representative of a deceased inventor refuses to make application?
If a legal representative of a deceased inventor refuses to make application, the procedure depends on when the application was filed: For applications filed before September 16, 2012: Pre-AIA 37 CFR 1.47 applies. The MPEP states: pre-AIA 37 CFR 1.47 does apply where a known legal representative of a deceased inventor cannot be found or…
Read MoreWhat is the role of a legal representative in filing a patent application for a deceased inventor?
What is the role of a legal representative in filing a patent application for a deceased inventor? A legal representative plays a crucial role in filing a patent application for a deceased inventor. According to MPEP 409.03(b): “The legal representative (executor, administrator, etc.) of a deceased inventor may make the necessary oath or declaration, and…
Read MoreCan a legal representative sign the oath or declaration for an unavailable joint inventor?
Can a legal representative sign the oath or declaration for an unavailable joint inventor? Yes, in certain circumstances, a legal representative can sign the oath or declaration for an unavailable joint inventor. According to MPEP 409.03(a): ‘If an inventor is deceased or legally incapacitated, the legal representative of the inventor may sign the oath or…
Read MoreHow does MPEP 409.03(f) address situations involving deceased or legally incapacitated inventors?
MPEP 409.03(f) provides guidance on handling patent applications when an inventor is deceased or legally incapacitated. The section states: ‘When an inventor dies during the time intervening between the filing of the application and the granting of a patent thereon, the letters patent may be issued to the legal representative or assignee on compliance with…
Read MoreWhat happens to a patent application with multiple inventors if one inventor dies?
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,…
Read MoreWhat happens if a legal representative hasn’t been appointed for a deceased inventor?
If a legal representative hasn’t been appointed for a deceased inventor in an application filed before September 16, 2012, the situation can be complex. According to MPEP 409.01(b): If no legal representative has been appointed, the examiner will reject the application under 35 U.S.C. 102(f) on the basis that the applicant is not the inventor…
Read MoreCan a patent application be filed if the sole inventor is deceased?
Can a patent application be filed if the sole inventor is deceased? Yes, a patent application can be filed even if the sole inventor is deceased. The MPEP 409.03(b) provides guidance on this situation: “When an inventor dies during the time intervening between the filing of the application and the granting of a patent thereon,…
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