What is the process for filing a patent application if an inventor is legally incapacitated?

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 an inventor is legally incapacitated, the patent application can be filed by the legal representative of the incapacitated inventor. According to MPEP 409.03(b):

“If an inventor is legally incapacitated, the legal representative of the inventor may make the necessary oath or declaration, and apply for and obtain the patent.”

The process involves:

• Filing a petition under 37 CFR 1.47(b)
• Paying the petition fee set forth in 37 CFR 1.17(g)
• Providing proof of the inventor’s incapacity (e.g., court order)
• Submitting an oath or declaration by the legal representative

The legal representative should state their relationship to the incapacitated inventor and provide evidence of their authority to act on behalf of the inventor.