What happens to a power of attorney when the named principal or assignee dies?
The death of a named principal or assignee can have significant implications for an existing power of attorney in a patent application. According to MPEP 402.05:
The death of the principal may terminate the power of attorney given by him or her depending on the circumstances.
This means that the power of attorney may automatically terminate upon the death of the principal. However, the specific circumstances of each case must be considered. In cases where there are multiple applicants or assignees, the power of attorney may remain in effect for the surviving parties. It’s crucial to notify the USPTO of any changes in the status of the applicant or assignee to ensure proper representation in the patent application process. If necessary, a new power of attorney should be filed by the appropriate party, such as the executor of the deceased’s estate or the remaining applicants.
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