Can a reissue oath or declaration be signed by the legal representative of a deceased or legally incapacitated inventor?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-27 10 Rules 5 Related FAQs 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 reissue oath or declaration can be signed by the legal representative of a deceased or legally incapacitated inventor. The MPEP 1410.01 states: “For applications filed on or after September 16, 2012, if an inventor is deceased or legally incapacitated, the legal representative of the inventor may sign the reissue oath or declaration as the inventor.” This provision ensures that the reissue process can proceed even when an inventor is unable to personally sign the oath or declaration. However, it’s important to note that: The legal representative must be authorized to act on behalf of the inventor Documentation proving the legal representative’s authority may be required For broadening reissues, all living inventors must still sign the oath or declaration This allowance helps maintain the integrity of the patent system while accommodating unavoidable circumstances affecting inventors. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Reissue Oath Must Be Signed by Assignee's Agent MPEP 1410.01 Required Reissue Oath Must Be Signed by Assignee’s Representative MPEP 1410.01 Prohibited Reissue Oath Must Be Signed by Inventors MPEP 1410.01 Reissue Oath Must Be Signed by Inventor or Assignee MPEP 1410.01 Required All Inventors Must Sign Reissue Oath MPEP 1410.01 Required Reissue Application Must Be Signed by Inventor MPEP 1410.01 Required Requirement for Proper Reissue Oath with Inventor Signatures MPEP 1410.01 Required Oath Required for Deleted Inventors MPEP 1410.01 Required Inventor Consent Required for Reissue Application MPEP 1410.01 Required Oath or Declaration for Reissue Must Comply with Specific Requirements MPEP 1410 Required Other Related FAQs 5 FAQs Co...