Is proof of authority required for a legal representative of a deceased inventor?

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 United States Patent and Trademark Office (USPTO) does not require proof of authority to be filed by a legal representative of a deceased or incapacitated inventor. MPEP 409.01(b) states:

“Proof of authority of the legal representative of a deceased or incapacitated inventor is not required.”

However, it’s important to note that while the USPTO doesn’t require this proof, the legal representative should ensure they are properly acting in such a capacity. The MPEP advises:

“Although the Office does not require proof of authority to be filed, any person acting as a legal representative of a deceased or incapacitated inventor should ensure that he or she is properly acting in such a capacity.”

This means that while formal proof isn’t needed for USPTO purposes, the legal representative should be prepared to demonstrate their authority if challenged in other legal contexts.