What should be done if a legal representative of a deceased inventor refuses to make application?

If a legal representative of a deceased inventor refuses to make application, the procedure depends on when the application was filed:

• For applications filed before September 16, 2012: Pre-AIA 37 CFR 1.47 applies. The MPEP states: pre-AIA 37 CFR 1.47 does apply where a known legal representative of a deceased inventor cannot be found or reached after diligent effort, or refuses to make application.
• In this case, you should:
  1. Document the refusal and the efforts made to reach the legal representative.
  2. Provide the last known address of the legal representative, as per MPEP § 409.03(e).
  3. File the application under pre-AIA 37 CFR 1.47, explaining the situation.
• For applications filed on or after September 16, 2012: Different procedures apply, which are not covered in this specific MPEP section. Consult the current USPTO regulations and guidelines for the appropriate course of action.

It’s important to note that these procedures are specific to cases where there is a known legal representative who is refusing to cooperate. Different rules may apply in other scenarios involving deceased inventors.

To learn more:

• Legal Representative
• Deceased Inventor
• Patent Application
• Refusal to Cooperate
• Pre-AIA