How does MPEP 409.03(f) address situations involving deceased or legally incapacitated inventors?

MPEP 409.03(f) provides guidance on handling patent applications when an inventor is deceased or legally incapacitated. The section states:

‘When 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 assignee on compliance with the foregoing provisions.’

This means that in cases of a deceased inventor, the patent can still be issued to their legal representative or assignee, provided they comply with the requirements for proving proprietary interest. For legally incapacitated inventors, similar provisions apply, allowing the legal guardian or other authorized representative to act on behalf of the inventor in patent matters.

It’s important to note that in these situations, additional documentation such as death certificates or court orders establishing legal guardianship may be required to establish the authority of the person acting on behalf of the inventor.

To learn more:

• Deceased Inventor
• Incapacitated Inventor
• Patent Application
• MPEP 409.03(f)

To learn more:

• MPEP 409.03(f)