How does the USPTO handle patent applications when an inventor dies during prosecution?

When an inventor dies during the prosecution of a patent application, the USPTO has specific procedures in place: If the inventor died after filing the application, the legal representative (executor or administrator of the estate) can proceed with the application. The legal representative must submit evidence of their authority, such as Letters Testamentary or Letters…

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Who can execute a substitute statement?

Several parties may execute a substitute statement under specific circumstances: The inventor’s legal representative under 37 CFR 1.43, if the inventor is deceased or legally incapacitated Other joint inventors under 37 CFR 1.45, if the inventor refuses to execute the oath or declaration or cannot be found An applicant under 37 CFR 1.46 who is…

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What is the requirement for the same inventor or joint inventor in foreign priority claims?

For a valid foreign priority claim, the U.S. application and the foreign application must name the same inventor or have at least one joint inventor in common. This requirement ensures that the right of priority is properly linked between the applications. As stated in MPEP 213.02: “Pursuant to 35 U.S.C. 119(a), the foreign application must…

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How are patents issued to joint inventors?

When multiple inventors collaborate on an invention, the patent can be issued to them jointly. The MPEP 308 provides guidance on this: ‘If more than one inventor is named in the application, the patent will issue to the inventors jointly.’ This means that all named inventors share ownership of the patent equally, unless they have…

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