How does legal incapacitation of an inventor affect the patent application process?

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Source: FAQ (MPEP-Based) BlueIron Update: 2024-09-09 10 Rules 5 Related FAQs 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. 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. Related Rules from the Manual of Patent Examining Procedure 10 rules Collapse Requirement for Deceased Inventor Applications Before September 16, 2012 MPEP 409 Requirement for Posthumous Patent Applications MPEP 409 Requirement for Unavailable Inventors After September 16, 2012 MPEP 409 Requirement for Handling Patent Applications with Unavailable Inventors Before Sept 16, 2012 MPEP 409 First Three Examination Methods Discussed MPEP 1400.01 Reexamination Requests Prohibited After September 16, 2012 MPEP 1400.01 Permitted Supplemental Examination Requirement for Patent Applications MPEP 1400.01 Requirement for Reissue Oath or Declaration MPEP 1414 Oath or Declaration Required for Reissue Applications Filed On or After September 16, 2012 MPEP 1414.01 Components Required for Patent Application Publication MPEP 1121 Other Related FAQs 5 FAQs Collapse What happens to a patent application if an inventor dies after filing but before issuance? What happens if an inventor becomes available after a 37 CFR 1.47(a) petition is granted? What happens ...