Can a legal representative file a request for supplemental examination?
Yes, a legal representative of the patent owner can file a request for supplemental examination on behalf of the patent owner. As stated in MPEP 2803: “A legal representative of the patent owner may file a request for supplemental examination on behalf of the patent owner.” For more details on this process, refer to MPEP…
Read MoreCan 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 MoreCan a reissue oath or declaration be signed by the legal representative of a deceased or legally incapacitated inventor?
Yes, a reissue oath or declaration can be signed by the legal representative of a deceased or legally incapacitated inventor. The MPEP 1410.01 states: “For applications filed on or after September 16, 2012, if an inventor is deceased or legally incapacitated, the legal representative of the inventor may sign the reissue oath or declaration as…
Read MoreWho can be the applicant for a U.S. national stage application?
The applicant for a U.S. national stage application depends on the international filing date: For applications with an international filing date on or after September 16, 2012: According to 37 CFR 1.42, the applicant may be: The inventor(s) The legal representative of a deceased or legally incapacitated inventor The assignee The obligated assignee (person to…
Read MoreHow 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…
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