What options are available for filing a patent application when an inventor is deceased or legally incapacitated?

For applications filed on or after September 16, 2012, if an inventor is deceased or legally incapacitated: The legal representative of the inventor may make the application for patent on behalf of the inventor. An assignee, obligated assignee, or person who otherwise shows sufficient proprietary interest may file the application as the applicant. As stated…

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What happens if an inventor becomes legally incapacitated during the patent application process?

What happens if an inventor becomes legally incapacitated during the patent application process? If an inventor becomes legally incapacitated during the patent application process, the application can still proceed. According to MPEP 409, ‘If an inventor is legally incapacitated, the legal representative of the inventor may make an application for patent on behalf of the…

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What documentation is required when an inventor dies during the patent application process?

What documentation is required when an inventor dies during the patent application process? When an inventor dies during the patent application process, specific documentation is required to continue the application. According to MPEP 409, the following documents are typically needed: A copy of the inventor’s death certificate Legal documentation showing the authority of the legal…

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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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