How does the USPTO handle patent applications when an inventor dies during prosecution?
When an inventor dies during the prosecution of a patent application, the USPTO has specific procedures in place:
- If the inventor died after filing the application, the legal representative (executor or administrator of the estate) can proceed with the application.
- The legal representative must submit evidence of their authority, such as Letters Testamentary or Letters of Administration.
- If there are joint inventors, the surviving inventors can continue the prosecution.
- The oath or declaration requirement can be fulfilled by the legal representative or the joint inventors.
As stated in MPEP 409.01: “If an inventor dies during the prosecution of an application, the legal representative (executor, administrator, etc.) of the deceased inventor may make the necessary oath or declaration.”
To learn more:
Topics:
MPEP 400 - Representative of Applicant or Owner,
Patent Law,
Patent Procedure