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,…
Read MoreWhat happens if a legal representative hasn’t been appointed for a deceased inventor?
If a legal representative hasn’t been appointed for a deceased inventor in an application filed before September 16, 2012, the situation can be complex. According to MPEP 409.01(b): If no legal representative has been appointed, the examiner will reject the application under 35 U.S.C. 102(f) on the basis that the applicant is not the inventor…
Read MoreCan a patent application be filed if the sole inventor is deceased?
Can a patent application be filed if the sole inventor is deceased? Yes, a patent application can be filed even if the sole inventor is deceased. The MPEP 409.03(b) provides guidance on this situation: “When an inventor dies during the time intervening between the filing of the application and the granting of a patent thereon,…
Read MoreWhat 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…
Read MoreDoes pre-AIA 37 CFR 1.47 apply to deceased inventors?
Pre-AIA 37 CFR 1.47 does not directly apply to deceased inventors. The MPEP clearly states: Pre-AIA 37 CFR 1.47 should not be considered an alternative to pre-AIA 37 CFR 1.42 or pre-AIA 35 U.S.C. 117 since the language ‘cannot be found or reached after diligent effort’ has no reasonable application to a deceased inventor. However,…
Read MoreHow can an applicant proceed if an inventor is deceased?
How can an applicant proceed if an inventor is deceased? If an inventor is deceased, the applicant can proceed with the patent application by filing a petition under 37 CFR 1.47(b). The MPEP states: “When an inventor dies during the time intervening between the filing of the application and the granting of a patent thereon,…
Read MoreIs proof of authority required for a legal representative of a deceased inventor?
The United States Patent and Trademark Office (USPTO) does not require proof of authority to be filed by a legal representative of a deceased or incapacitated inventor. MPEP 409.01(b) states: “Proof of authority of the legal representative of a deceased or incapacitated inventor is not required.” However, it’s important to note that while the USPTO…
Read MoreWhat documents are required when a legal representative takes over a patent application for a deceased inventor?
When a legal representative takes over a patent application for a deceased inventor, specific documents are required: Proof of authority to act on behalf of the deceased inventor’s estate (e.g., Letters Testamentary, Letters of Administration) A new oath or declaration by the legal representative Any necessary assignments or other documents to establish ownership rights According…
Read MoreWhat happens if the legal representative of a deceased inventor is unavailable?
When the legal representative of a deceased inventor is unavailable, the process depends on whether the application was filed before or after September 16, 2012: For applications filed before September 16, 2012: If the legal representative cannot be found or reached after diligent effort, or refuses to make application, pre-AIA 37 CFR 1.47 applies. In…
Read MoreWhat happens to a patent application if an inventor dies after filing but before issuance?
If an inventor dies after filing a patent application but before the patent is granted, the process can still continue. According to 37 CFR 1.42 (pre-AIA): “Where the 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…
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