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

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.

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).