What documentation is needed for a legal representative to act on behalf of a deceased or incapacitated inventor?
What documentation is needed for a legal representative to act on behalf of a deceased or incapacitated inventor?
To act on behalf of a deceased or incapacitated inventor, a legal representative must provide appropriate documentation to the USPTO. The MPEP 409.01(a) states:
“Office personnel will not question whether the person signing the oath or declaration is in fact a person authorized to make the statement, and will not require proof of the authority of the person making the statement.”
However, it’s important to note that while the USPTO does not require proof upfront, the legal representative should still have proper documentation, such as:
- For a deceased inventor: Letters testamentary, letters of administration, or other court documents establishing authority over the estate.
- For an incapacitated inventor: Court order appointing a guardian or conservator.
These documents may be required if the authority is later questioned or in other legal proceedings related to the patent application.
To learn more:
Topics:
MPEP 400 - Representative of Applicant or Owner,
Patent Law,
Patent Procedure