What documentation is required for a legal representative to file a patent application for 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.
When filing a patent application for a deceased inventor, a legal representative must provide specific documentation to establish their authority. According to MPEP 409.01(a):
“If an inventor is deceased or under legal incapacity, the legal representative of the inventor may make an application for patent as provided in 37 CFR 1.43. In accordance with 37 CFR 1.43, the legal representative must provide proof of authority…”
The required documentation typically includes:
- A copy of the deceased inventor’s death certificate
- Proof of the legal representative’s authority (e.g., court appointment as executor or administrator of the estate)
- A substitute statement in lieu of an inventor’s oath or declaration
- An Application Data Sheet (ADS) identifying the legal representative
It’s important to note that the specific requirements may vary depending on the circumstances and jurisdiction. Consulting with a patent attorney is advisable to ensure all necessary documentation is properly prepared and submitted.