What is the role of an administrator in filing a patent application for a deceased inventor?
An administrator plays a crucial role in filing a patent application for a deceased inventor. According to MPEP 409.01(b):
If the inventor was not of sound mind and legally incapacitated at the time the application was made, it may be signed by a legal representative (e.g., guardian), the inventor’s legal representative (e.g., executor, administrator, etc.), or someone acting on behalf of the inventor or legal representative.
The administrator’s responsibilities include:
- Representing the deceased inventor’s estate
- Signing necessary documents on behalf of the deceased inventor
- Providing proof of their authority to act as administrator
- Ensuring the application process complies with legal requirements
It’s important to note that the administrator must have the legal authority to act on behalf of the deceased inventor’s estate.
To learn more:
Topics:
MPEP 400 - Representative of Applicant or Owner,
Patent Law,
Patent Procedure