How can a joint inventor apply for a patent if another joint inventor is deceased or legally incapacitated?

How can a joint inventor apply for a patent if another joint inventor is deceased or legally incapacitated?

If a joint inventor is deceased or legally incapacitated, the other joint inventor(s) can still apply for a patent by following these steps:

• File the application naming the deceased or legally incapacitated inventor
• Submit a statement identifying the unavailable inventor and their last known address
• Show that the signing inventor is obligated to assign the patent to the same entity as the unavailable inventor, or has sufficient proprietary interest
• Submit the oath or declaration by the available inventor(s)

As stated in MPEP 409.01(a): “In the case of a deceased or legally incapacitated joint inventor, the applicant should identify the unavailable inventor on an application data sheet (ADS) or a substitute statement.”

This process allows the patent application to move forward despite the unavailability of one of the joint inventors.

To learn more:

• Joint inventors
• Deceased inventor
• Legally incapacitated inventor
• Patent application