What happens to the power of attorney when an inventor dies?
The death of an inventor (or one of the joint inventors) typically terminates the power of attorney given by the deceased inventor in an application filed before September 16, 2012, unless the power of attorney is coupled with an interest (e.g., the patent practitioner is an assignee or part-assignee). As stated in MPEP 409.01(b):
“Unless a power of attorney is coupled with an interest (i.e., a patent practitioner is assignee or part-assignee), the death of the inventor (or one of the joint inventors) terminates the power of attorney given by the deceased inventor in an application filed before September 16, 2012.”
In such cases, a new power of attorney from the heirs, administrators, executors, or assignees is necessary if the deceased inventor was the sole inventor or if all powers of attorney in the application have been terminated.
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