How do you handle patent applications when an inventor becomes legally incapacitated after signing the oath or declaration?

If an inventor becomes legally incapacitated after signing the oath or declaration, the application can still proceed. According to MPEP 409.01: If an inventor who executed the oath or declaration becomes legally incapacitated after the application is filed but before the patent issues, no substitute oath or declaration is required. This means that the previously…

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What are the requirements for identifying the application in an inventor’s oath or declaration?

An inventor’s oath or declaration must properly identify the application to which it is directed. The MPEP provides several acceptable methods for identification: For oaths/declarations filed on the application filing date: Inventor name(s) and reference to an attached specification Inventor name(s) and attorney docket number from the specification Inventor name(s) and title of the invention…

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