What are the options when an inventor is deceased, incapacitated, or unavailable?

When an inventor is unable to provide a statement due to death, incapacitation, or unavailability, MPEP 151 offers alternative solutions:

“When an inventor applicant is deceased or legally incapacitated, or where it is shown to the satisfaction of this Office that he or she refuses to furnish a statement or cannot be reached after diligent efforts, declarations or statements under oath setting forth the information required by the statutes may be accepted from an officer or employee of the assignee who has sufficient knowledge of the facts.”

Additionally, for joint inventions, “Where it is shown that one of the joint inventors is deceased or unavailable, a statement by all of the other inventor(s) may be accepted.” It’s important to note that these alternatives should only be used when the inventor is truly unavailable, not merely for convenience.

For more information on patent procedure, visit: patent procedure.