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…
Read MoreHow does legal incapacitation of an inventor affect the patent application process?
When an inventor becomes legally incapacitated before filing a patent application and executing the required oath or declaration, a legal representative must be appointed to act on their behalf. According to 37 CFR 1.43 (pre-AIA): “In case an inventor is insane or otherwise legally incapacitated, the legal representative (guardian, conservator, etc.) of such inventor may…
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