How does legal incapacitation of an inventor affect the patent application process?
When an inventor becomes legally incapacitated before filing a patent application and executing the required oath or declaration, a legal representative must be appointed to act on their behalf. According to 37 CFR 1.43 (pre-AIA):
“In case an inventor is insane or otherwise legally incapacitated, the legal representative (guardian, conservator, etc.) of such inventor may make the necessary oath or declaration, and apply for and obtain the patent.”
The legal representative, typically appointed by a court of competent jurisdiction, can then execute the oath or declaration and proceed with the patent application process on behalf of the incapacitated inventor.
To learn more:
Topics:
MPEP 400 - Representative of Applicant or Owner,
Patent Law,
Patent Procedure