How does the AIA change the process for applications with deceased or incapacitated inventors?
How does the AIA change the process for applications with deceased or incapacitated inventors?
The America Invents Act (AIA) introduced significant changes to the patent application process, including how applications with deceased or legally incapacitated inventors are handled. According to MPEP 409.01(a):
“Effective September 16, 2012, the Office revised the rules of practice to permit a person to whom the inventor has assigned or is under an obligation to assign the invention, or who otherwise shows sufficient proprietary interest in the matter, to make the application for patent.”
Key changes under the AIA include:
- Allowing assignees or those with sufficient proprietary interest to file applications
- Introduction of the substitute statement to replace inventor oaths in certain circumstances
- Simplified process for continuing prosecution when an inventor becomes unavailable
- Removal of the need for heirs or legal representatives to expressly petition to file on behalf of a deceased inventor
These changes streamline the application process and provide more flexibility when dealing with situations involving deceased or incapacitated inventors, making it easier for the remaining inventors or interested parties to pursue patent protection.
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