How 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 MoreWhat is the role of a legal representative in filing a patent application for a deceased inventor?
What is the role of a legal representative in filing a patent application for a deceased inventor? A legal representative plays a crucial role in filing a patent application for a deceased inventor. According to MPEP 409.03(b): “The legal representative (executor, administrator, etc.) of a deceased inventor may make the necessary oath or declaration, and…
Read MoreCan a legal representative use an S-signature for patent documents?
Can a legal representative use an S-signature for patent documents? Yes, a legal representative can use an S-signature for patent documents, provided they meet the following requirements: The S-signature must be inserted between forward slash marks The signer’s name must be presented in printed or typed form The capacity of the signer must be included…
Read MoreCan a legal representative sign the oath or declaration for an unavailable joint inventor?
Can a legal representative sign the oath or declaration for an unavailable joint inventor? Yes, in certain circumstances, a legal representative can sign the oath or declaration for an unavailable joint inventor. According to MPEP 409.03(a): ‘If an inventor is deceased or legally incapacitated, the legal representative of the inventor may sign the oath or…
Read MoreWhen can a legal representative sign a substitute statement for a deceased inventor?
A legal representative can sign a substitute statement for a deceased inventor when they are authorized to act on behalf of the deceased inventor’s estate. This typically occurs when the inventor has passed away during the patent application process or before it began. According to MPEP 604: ‘A substitute statement may be made by the…
Read MoreCan a legal representative sign patent documents on behalf of the inventor?
Yes, a legal representative can sign patent documents on behalf of the inventor under certain circumstances. The MPEP 402.03 states: Where a power of attorney or authorization of agent is given to a customer number, a practitioner must sign the correspondence if an applicant is to be represented. This means that if a power of…
Read MoreHow does legal incapacitation of an inventor affect the patent application process?
When an inventor becomes legally incapacitated before filing a patent application and executing the required oath or declaration, a legal representative must be appointed to act on their behalf. According to 37 CFR 1.43 (pre-AIA): “In case an inventor is insane or otherwise legally incapacitated, the legal representative (guardian, conservator, etc.) of such inventor may…
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