How can a legal representative file a patent application for a deceased inventor after September 16, 2012?

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 an application for a deceased inventor by following these steps:

• File the application normally, listing the deceased inventor
• Submit an Application Data Sheet (ADS) identifying the legal representative
• Include a substitute statement in lieu of an inventor’s oath or declaration

According to MPEP 409.01(a): “If an inventor is deceased or under legal incapacity, the legal representative of the inventor may make an application for patent as provided in 37 CFR 1.43.” The legal representative must provide documentation of their authority to act on behalf of the deceased inventor.