Does pre-AIA 37 CFR 1.47 apply to deceased inventors?

Pre-AIA 37 CFR 1.47 does not directly apply to deceased inventors. The MPEP clearly states: Pre-AIA 37 CFR 1.47 should not be considered an alternative to pre-AIA 37 CFR 1.42 or pre-AIA 35 U.S.C. 117 since the language ‘cannot be found or reached after diligent effort’ has no reasonable application to a deceased inventor. However,…

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Is proof of authority required for a legal representative of a deceased inventor?

The United States Patent and Trademark Office (USPTO) does not require proof of authority to be filed by a legal representative of a deceased or incapacitated inventor. MPEP 409.01(b) states: “Proof of authority of the legal representative of a deceased or incapacitated inventor is not required.” However, it’s important to note that while the USPTO…

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What documents are required when a legal representative takes over a patent application for a deceased inventor?

When a legal representative takes over a patent application for a deceased inventor, specific documents are required: Proof of authority to act on behalf of the deceased inventor’s estate (e.g., Letters Testamentary, Letters of Administration) A new oath or declaration by the legal representative Any necessary assignments or other documents to establish ownership rights According…

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What information must be included in a substitute statement for a deceased or incapacitated inventor?

What information must be included in a substitute statement for a deceased or incapacitated inventor? When filing a substitute statement for a deceased or legally incapacitated inventor, specific information must be included to ensure its validity. According to MPEP 409.01(a) and 37 CFR 1.64, a substitute statement must contain: Identification of the inventor to whom…

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