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…
Read MoreHow does the USPTO handle proof of proprietary interest for deceased inventors?
How does the USPTO handle proof of proprietary interest for deceased inventors? The USPTO has specific provisions for handling proof of proprietary interest when an inventor is deceased. According to MPEP 409.03(f): ‘In the case of a deceased inventor, the proof of proprietary interest must be signed by the legal representative (executor, administrator, etc.) of…
Read MoreWho can be considered an applicant for a patent application?
According to 37 CFR 1.42, the term ‘applicant’ can refer to: The inventor or all joint inventors A legal representative of a deceased or legally incapacitated inventor The assignee A person to whom the inventor is under an obligation to assign the invention A person who otherwise shows sufficient proprietary interest in the matter The…
Read MoreWho 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…
Read MoreWho can file a patent application on behalf of a deceased or legally incapacitated inventor?
According to MPEP 409.01(a), several parties can file a patent application on behalf of a deceased or legally incapacitated inventor: Legal representative: If an inventor is deceased or under legal incapacity, the legal representative of the inventor may make an application for patent on behalf of the inventor. Assignee or obligated assignee: Under 37 CFR…
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 MoreCan a deceased inventor’s legal representative sign an assignment for a patent application?
Can a deceased inventor’s legal representative sign an assignment for a patent application? Yes, a deceased inventor’s legal representative can sign an assignment for a patent application. According to MPEP 409.01(a): “The legal representative (executor, administrator, etc.) of a deceased inventor may make an assignment of the deceased inventor’s rights in the application as well…
Read MoreHow does the USPTO handle situations where an inventor is deceased?
When an inventor is deceased, the MPEP 409.03(d) provides specific guidance: In the case of the death of the inventor, the legal representative (executor, administrator, etc.) of the deceased inventor may sign the necessary oath or declaration. This means that: The legal representative of the deceased inventor can sign the required oath or declaration Proof…
Read MoreWhat happens to a patent application when an inventor dies before filing?
When an inventor dies before filing a patent application, the legal representative (executor, administrator, etc.) of the deceased inventor can make the necessary oath or declaration and apply for the patent. This is specified in 37 CFR 1.42 (pre-AIA), which states: “In case of the death of the inventor, the legal representative (executor, administrator, etc.)…
Read MoreHow does the death of an inventor affect power of attorney in a patent application?
The death of an inventor can have significant implications for power of attorney in a patent application. According to MPEP 409.01(a): Unless a power of attorney is coupled with an interest (i.e., a patent practitioner is assignee or part-assignee), the death of an inventor who is an applicant party terminates the power of attorney given…
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