Can a patent application be filed if the sole inventor is deceased?

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, 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, the letters patent may be issued to the legal representative or assignee of the deceased inventor.”

In such cases, the legal representative (such as an executor or administrator of the inventor’s estate) can file the application on behalf of the deceased inventor. They must provide proof of their authority to act on behalf of the deceased inventor’s estate, typically in the form of Letters Testamentary or Letters of Administration.