What happens to a patent application with multiple inventors if one inventor dies?

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 a patent application has multiple inventors and one of them dies, the process for continuing the application depends on whether there’s a power of attorney in place. According to MPEP 409.01(a):

When an application is being prosecuted by joint inventor-applicants without a joint inventor-applicant or patent practitioner having been granted a power of attorney, and a joint inventor-applicant dies after filing the application, the living joint inventor(s) who are the applicant must submit proof that the other joint inventor-applicant is dead.

Here’s what happens in this scenario:

• The surviving inventors must provide proof of the deceased inventor’s death to the USPTO.
• If no legal representative of the deceased inventor intervenes, only the signatures of the living inventors are required on USPTO documents.
• If a legal representative of the deceased inventor intervenes, they must submit a substitute statement complying with 37 CFR 1.64.
• Once a legal representative intervenes, signatures from both the living inventors and the legal representative are required on USPTO documents.
• This requirement continues until the legal representative and living inventors appoint a new representative.

It’s crucial for the surviving inventors to understand these requirements to ensure the application process continues smoothly.