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 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 MoreWhat documentation is needed to prove authority as a legal representative for a deceased or incapacitated inventor?
What documentation is needed to prove authority as a legal representative for a deceased or incapacitated inventor? When filing a patent application on behalf of a deceased or legally incapacitated inventor, it’s crucial to provide documentation that proves your authority as a legal representative. The specific documentation required can vary based on the circumstances, but…
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 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 MoreIs 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…
Read MoreWhat is a substitute statement in patent applications involving deceased or incapacitated inventors?
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…
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