Can heirs apply for a patent on behalf of a deceased inventor?
Yes, heirs can apply for a patent on behalf of a deceased inventor under certain circumstances. According to MPEP 409.01(b):
“Application may be made by the heirs of the inventor, as such, if there is no will or the will did not appoint an executor and the estate was under the sum required by state law for the appointment of an administrator.”
In such cases, the heirs should identify themselves as the legal representative of the deceased inventor in the oath or declaration submitted pursuant to pre-AIA 37 CFR 1.63 and 1.64. This allows heirs to proceed with the patent application process when no formal legal representative has been appointed.
To learn more:
Topics:
MPEP 400 - Representative of Applicant or Owner,
Patent Law,
Patent Procedure