What options are available for filing a patent application when an inventor is deceased or 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.

For applications filed on or after September 16, 2012, if an inventor is deceased or legally incapacitated:

• The legal representative of the inventor may make the application for patent on behalf of the inventor.
• An assignee, obligated assignee, or person who otherwise shows sufficient proprietary interest may file the application as the applicant.

As stated in MPEP § 409.01(a): “If an inventor dies during the time intervening between the filing of the application and the granting of a patent thereon, the letters patent may be issued to the legal representative upon proper intervention.”

For more information on legal representative, visit: legal representative.