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 More

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…

Read More

Does 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 More

Is 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 More

What 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 More