Can a legal representative file an international patent application for a deceased or incapacitated inventor?

Yes, a legal representative can file an international patent application for a deceased or incapacitated inventor, but the rules differ based on the filing date:

For applications filed on or after September 16, 2012:

If an inventor is deceased or under legal incapacity, the legal representative of the inventor may be an applicant in an international application which designates the United States of America. (37 CFR 1.422)

For applications filed before September 16, 2012:

In case of the death of the inventor, the legal representative (executor, administrator, etc.) of the deceased inventor may file an international application which designates the United States of America. (37 CFR 1.422 (pre-AIA))

In case an inventor is insane or otherwise legally incapacitated, the legal representative (guardian, conservator, etc.) of such inventor may file an international application which designates the United States of America. (37 CFR 1.423 (pre-AIA))

To learn more:

• legal representative
• deceased inventor
• incapacitated inventor
• international patent application