How can an heir of a deceased inventor file a patent application?

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.

An heir of a deceased inventor can file a patent application under certain conditions. The MPEP 409.01(b) states:

If an inventor dies during the time intervening between the filing of the application and the granting of a patent thereon, the letters patent may be issued to the legal representative or heirs of the deceased inventor.

To file the application, the heir should:

• Obtain legal recognition as the heir or legal representative
• File the application on behalf of the deceased inventor
• Provide documentation proving their status as heir or legal representative
• Complete the necessary oath or declaration

It’s advisable to consult with a patent attorney to ensure all legal requirements are met.