How does the USPTO handle proof of proprietary interest for deceased inventors?

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.

The USPTO has specific provisions for handling proof of proprietary interest when an inventor is deceased. According to MPEP 409.03(f):

‘In the case of a deceased inventor, the proof of proprietary interest must be signed by the legal representative (executor, administrator, etc.) of the deceased inventor’s estate.’

This means that:

• The legal representative of the deceased inventor’s estate must provide the necessary documentation.
• This could be an executor or administrator appointed by the court.
• The proof should demonstrate that the legal representative has the authority to act on behalf of the deceased inventor’s estate in matters related to the patent application.

It’s important to note that the USPTO requires proper documentation to ensure that the rights of the deceased inventor are properly represented and that the application is prosecuted by those with legitimate authority to do so.