An heir of a deceased inventor can file a patent application under certain conditions. The MPEP 409.01(b) states: If 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 heirs of the deceased inventor.…

How can an applicant proceed if an inventor is deceased? If an inventor is deceased, the applicant can proceed with the patent application by filing a petition under 37 CFR 1.47(b). The MPEP states: “When an inventor dies during the time intervening between the filing of the application and the granting of a patent thereon,…