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.’…
Read MoreCan 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…
Read MoreHow can an heir of a deceased inventor file a patent application?
An heir of a deceased inventor can file a patent application under certain conditions. The MPEP 409.01(b) states: If an inventor dies during the time intervening between the filing of the application and the granting of a patent thereon, the letters patent may be issued to the legal representative or heirs of the deceased inventor.…
Read MoreWhat 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.),…
Read MoreHow 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…
Read MoreWhat is the role of a legal representative for a deceased inventor in a patent application?
The legal representative of a deceased inventor plays a crucial role in the patent application process. According to MPEP 409.01: If an inventor dies during the time intervening between the filing of the application and the granting of a patent thereon, the letters patent may be issued to the legal representative or representatives of the…
Read MoreHow can a legal representative file a patent application for a deceased inventor?
How can a legal representative file a patent application for a deceased inventor? For patent applications filed on or after September 16, 2012, a legal representative can file a patent application for a deceased inventor by following these steps: Submit an Application Data Sheet (ADS) naming the deceased inventor Include a substitute statement in lieu…
Read MoreWhat 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…
Read MoreHow 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…
Read MoreWhat 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…
Read More