Can a legal representative file a national patent application?

Yes, a legal representative can file a national patent application in certain circumstances. The Manual of Patent Examining Procedure (MPEP) 201.01 states: ‘A national application may be filed under 35 U.S.C. 111(a) in the U.S. Patent and Trademark Office (USPTO) by… (B) the legal representative (35 U.S.C. 117) of a deceased or legally incapacitated inventor.’…

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Can the foreign priority application be filed by an assignee, legal representative or agent of the inventor?

Yes, the foreign application may have been filed by and in the name of the assignee or legal representative or agent of the inventor, as applicant. If the certified copy of the foreign application corresponds with the one identified in the U.S. application and no discrepancies appear, it may be assumed the U.S. application is…

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What is the role of an administrator in filing a patent application for a deceased inventor?

An administrator plays a crucial role in filing a patent application for a deceased inventor. According to MPEP 409.01(b): If the inventor was not of sound mind and legally incapacitated at the time the application was made, it may be signed by a legal representative (e.g., guardian), the inventor’s legal representative (e.g., executor, administrator, etc.),…

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How can inventors and joint inventors file patent applications after September 16, 2012?

How can inventors and joint inventors file patent applications after September 16, 2012? For patent applications filed on or after September 16, 2012, inventors and joint inventors can file applications in the following ways: An inventor or joint inventor may file an application. A legal representative of a deceased or legally incapacitated inventor may file…

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What documentation is needed for a legal representative to act on behalf of a deceased or incapacitated inventor?

What documentation is needed for a legal representative to act on behalf of a deceased or incapacitated inventor? To act on behalf of a deceased or incapacitated inventor, a legal representative must provide appropriate documentation to the USPTO. The MPEP 409.01(a) states: “Office personnel will not question whether the person signing the oath or declaration…

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How can a legal representative file a patent application for a deceased inventor after September 16, 2012?

How can a legal representative file a patent application for a deceased inventor after September 16, 2012? For patent applications filed on or after September 16, 2012, a legal representative can file an application for a deceased inventor by following these steps: File the application normally, listing the deceased inventor Submit an Application Data Sheet…

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What should be done if a legal representative of a deceased inventor refuses to make application?

If a legal representative of a deceased inventor refuses to make application, the procedure depends on when the application was filed: For applications filed before September 16, 2012: Pre-AIA 37 CFR 1.47 applies. The MPEP states: pre-AIA 37 CFR 1.47 does apply where a known legal representative of a deceased inventor cannot be found or…

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