What happens if the legal representative of a deceased inventor is unavailable?

When the legal representative of a deceased inventor is unavailable, the process depends on whether the application was filed before or after September 16, 2012:

• For applications filed before September 16, 2012: If the legal representative cannot be found or reached after diligent effort, or refuses to make application, pre-AIA 37 CFR 1.47 applies. In such cases, the last known address of the legal representative must be provided.
• For applications filed on or after September 16, 2012: The provisions of pre-AIA 37 CFR 1.47 do not apply. Instead, refer to current USPTO regulations and procedures.

It’s important to note that pre-AIA 37 CFR 1.47 is not an alternative to pre-AIA 37 CFR 1.42 or pre-AIA 35 U.S.C. 117 for deceased inventors. As stated in the MPEP, Pre-AIA 37 CFR 1.47 should not be considered an alternative to pre-AIA 37 CFR 1.42 or pre-AIA 35 U.S.C. 117 since the language ‘cannot be found or reached after diligent effort’ has no reasonable application to a deceased inventor.

To learn more:

• Deceased Inventor
• Legal Representative
• Patent Application
• Pre-AIA
• Post-AIA