Can a legal representative sign the oath or declaration for an unavailable joint inventor?

This page is an FAQ based on guidance from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only: it is not legal advice.

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 declaration as the inventor.’

The legal representative must provide proof of their authority to act on behalf of the unavailable inventor. This might include:

• Death certificate and letters testamentary for a deceased inventor
• Court order appointing a guardian for a legally incapacitated inventor

It’s important to note that this provision applies only to deceased or legally incapacitated inventors, not to those who are simply unavailable or unwilling to sign.