What documents are required when a legal representative takes over a patent application for a deceased inventor?
When a legal representative takes over a patent application for a deceased inventor, specific documents are required:
- Proof of authority to act on behalf of the deceased inventor’s estate (e.g., Letters Testamentary, Letters of Administration)
- A new oath or declaration by the legal representative
- Any necessary assignments or other documents to establish ownership rights
According to MPEP 409.01: “The Office no longer requires proof of authority of the legal representative to prosecute the application. However, any necessary documentary evidence of the legal representative’s authority to act on behalf of the deceased inventor’s estate, such as Letters Testamentary, Letters of Administration, or a Certificate of Heirship, should be kept in the application file.”
It’s important to note that while the USPTO doesn’t require submission of proof of authority, it’s advisable to keep such documentation readily available in case it’s requested.
To learn more:
Topics:
MPEP 400 - Representative of Applicant or Owner,
Patent Law,
Patent Procedure