How can a legal representative file a patent application for a deceased inventor?

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.

For patent applications filed on or after September 16, 2012, a legal representative can file a patent application for a deceased inventor by following these steps:

• Submit an Application Data Sheet (ADS) naming the deceased inventor
• Include a substitute statement in lieu of an inventor’s oath or declaration
• Provide documentation showing the legal representative’s authority to act on behalf of the deceased inventor’s estate

The MPEP states: If an inventor dies during the prosecution of an application, or before an application is filed, the legally recognized representative of the inventor may make the substitute statement. (MPEP 409.01(a))

It’s important to note that the legal representative must have the authority to act on behalf of the deceased inventor’s estate or other legal entity holding the appropriate rights.