What documentation is needed to prove authority as a legal representative for a deceased or incapacitated inventor?
What documentation is needed to prove authority as a legal representative for a deceased or incapacitated inventor?
When filing a patent application on behalf of a deceased or legally incapacitated inventor, it’s crucial to provide documentation that proves your authority as a legal representative. The specific documentation required can vary based on the circumstances, but generally includes:
- For a deceased inventor: Death certificate and letters testamentary or letters of administration
- For an incapacitated inventor: Court order declaring incapacity and appointing a legal guardian or conservator
- Power of attorney or other legal document granting authority to act on behalf of the inventor or their estate
The MPEP 409.01(a) states:
Office personnel will not question whether the person executing the substitute statement is authorized to act on behalf of the deceased inventor’s estate or legal entity unless there is evidence to the contrary.
While the USPTO generally accepts the substitute statement without questioning the authority, it’s important to have proper documentation available in case it’s requested or if legal issues arise later. Always consult with a patent attorney to ensure you have the correct documentation for your specific situation.
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