What documentation is required when filing a patent application for a deceased or legally incapacitated inventor?

What documentation is required when filing a patent application for a deceased or legally incapacitated inventor?

When filing a patent application for a deceased or legally incapacitated inventor, specific documentation is required. According to MPEP 409.03(b), the following documentation is typically necessary:

1. For deceased inventors:
   • Death certificate of the inventor
   • Letters Testamentary or Letters of Administration proving the legal representative’s authority
2. For legally incapacitated inventors:
   • Court order declaring the inventor legally incapacitated
   • Guardianship or conservatorship papers demonstrating the legal representative’s authority
3. For both cases:
   • Oath or declaration executed by the legal representative
   • Application Data Sheet (ADS) listing the inventor and indicating their status (deceased or legally incapacitated)
   • Power of Attorney from the legal representative, if applicable

The MPEP states: “Proof of the authority of the legal representative must be provided to the Office.” This ensures that the person acting on behalf of the inventor has the legal right to do so.

To learn more:

• documentation
• deceased inventor
• legally incapacitated inventor
• patent application
• legal representative