What is the role of a legal representative in filing a patent application for a deceased inventor?

What is the role of a legal representative in filing a patent application for a deceased inventor?

A legal representative plays a crucial role in filing a patent application for a deceased inventor. According to MPEP 409.03(b):

“The legal representative (executor, administrator, etc.) of a deceased inventor may make the necessary oath or declaration, and apply for and obtain the patent.”

The legal representative’s responsibilities include:

• Executing the necessary oath or declaration on behalf of the deceased inventor
• Providing proof of their authority to act (e.g., Letters Testamentary or Letters of Administration)
• Submitting the patent application and all required documents to the USPTO
• Corresponding with the USPTO throughout the application process
• Potentially assigning the patent rights if required by the deceased inventor’s will or other legal arrangements

It’s important to note that the legal representative must act in accordance with the law and the best interests of the deceased inventor’s estate.

To learn more:

• legal representative
• deceased inventor
• patent application
• executor
• administrator