Does pre-AIA 37 CFR 1.47 apply to deceased inventors?

Pre-AIA 37 CFR 1.47 does not directly apply to deceased inventors. The MPEP clearly states: Pre-AIA 37 CFR 1.47 should not be considered an alternative to pre-AIA 37 CFR 1.42 or pre-AIA 35 U.S.C. 117 since the language ‘cannot be found or reached after diligent effort’ has no reasonable application to a deceased inventor.

However, pre-AIA 37 CFR 1.47 does apply in cases where a known legal representative of a deceased inventor:

• Cannot be found or reached after diligent effort, or
• Refuses to make application

In such situations, the last known address of the legal representative must be provided, as per MPEP § 409.03(e).

To learn more:

• Deceased Inventor
• Legal Representative
• Patent Application
• Pre-AIA 37 CFR 1.47

To learn more:

• Pre-AIA 37 CFR 1.47