What options are available for filing a patent application when an inventor is deceased or legally incapacitated?

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.