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

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.

To learn more:

• joint inventors
• deceased inventor
• patent application
• legal representative
• substitute statement