How do you handle patent applications when an inventor becomes legally incapacitated after signing the oath or declaration?
If an inventor becomes legally incapacitated after signing the oath or declaration, the application can still proceed. According to MPEP 409.01:
If an inventor who executed the oath or declaration becomes legally incapacitated after the application is filed but before the patent issues, no substitute oath or declaration is required.
This means that the previously signed oath or declaration remains valid, and the application can continue through the patent process without requiring additional documentation regarding the inventor’s incapacitation.
To learn more:
Topics:
MPEP 400 - Representative of Applicant or Owner,
Patent Law,
Patent Procedure