Can a deceased inventor’s legal representative sign an assignment for a patent application?

Can a deceased inventor’s legal representative sign an assignment for a patent application?

Yes, a deceased inventor’s legal representative can sign an assignment for a patent application. According to MPEP 409.01(a):

“The legal representative (executor, administrator, etc.) of a deceased inventor may make an assignment of the deceased inventor’s rights in the application as well as sign the substitute statement. See MPEP § 409.01(b).”

This provision allows the legal representative to manage the deceased inventor’s intellectual property rights, including assigning those rights to other parties. It’s important to note that the legal representative must have proper authority to act on behalf of the deceased inventor’s estate, which typically requires documentation such as letters testamentary or letters of administration.

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Topics: MPEP 400 - Representative of Applicant or Owner, Patent Law, Patent Procedure
Tags: Assignment, Deceased Inventor, legal representative, patent rights