How does the USPTO handle situations where an inventor is deceased?

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 is deceased, the MPEP 409.03(d) provides specific guidance:

In the case of the death of the inventor, the legal representative (executor, administrator, etc.) of the deceased inventor may sign the necessary oath or declaration.

This means that:

• The legal representative of the deceased inventor can sign the required oath or declaration
• Proof of the inventor’s death and the legal representative’s authority should be provided
• The application can proceed with the legal representative acting on behalf of the deceased inventor

It’s important to note that the legal representative must have the authority to act on behalf of the deceased inventor’s estate. This typically requires documentation such as a death certificate and letters of administration or executorship.