Can a patent application be filed on behalf of a deceased inventor?

Yes, a patent application can be filed on behalf of a deceased inventor under certain circumstances:

• The application must be filed by the legal representative of the deceased inventor’s estate.
• The legal representative must submit an oath or declaration and any necessary assignments.
• The application should be filed as soon as possible after the inventor’s death to avoid potential issues with prior art.

MPEP 409.01 states: “If an inventor dies after an application is filed but before the application is approved for issue as a patent, and this fact is known to the legal representative or the assignee, a petition to change the applicant under 37 CFR 1.46(c)(2) should be filed.”

It’s important to note that the legal representative must act promptly to ensure the application is properly filed and prosecuted in accordance with USPTO regulations.

To learn more:

• deceased inventor
• patent application filing
• legal representative
• posthumous patent