What 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…

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Can 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…

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How 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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What happens to a patent application with multiple inventors if one inventor dies?

When a patent application has multiple inventors and one of them dies, the process for continuing the application depends on whether there’s a power of attorney in place. According to MPEP 409.01(a): When an application is being prosecuted by joint inventor-applicants without a joint inventor-applicant or patent practitioner having been granted a power of attorney,…

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What is the process for filing a patent application if an inventor is legally incapacitated?

What is the process for filing a patent application if an inventor is legally incapacitated? When an inventor is legally incapacitated, the patent application can be filed by the legal representative of the incapacitated inventor. According to MPEP 409.03(b): “If an inventor is legally incapacitated, the legal representative of the inventor may make the necessary…

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