Who can file a patent application on behalf of a deceased or legally incapacitated inventor?

According to MPEP 409.01(a), several parties can file a patent application on behalf of a deceased or legally incapacitated inventor:

• Legal representative: If an inventor is deceased or under legal incapacity, the legal representative of the inventor may make an application for patent on behalf of the inventor.
• Assignee or obligated assignee: Under 37 CFR 1.46, a person to whom the inventor assigned (‘assignee’), to whom the inventor was under an obligation to assign (‘obligated assignee’), or a person who otherwise shows sufficient proprietary interest in the matter may make an application for patent on behalf of the deceased or legally incapacitated inventor.
• Administrator or executor: These parties can also file an application, but may need to obtain new letters of administration if they have been discharged from their duties.

It’s important to note that proof of authority is not required by the USPTO, but any person acting as a legal representative should ensure they are properly authorized to do so.

To learn more:

• deceased inventor
• incapacitated inventor
• patent application
• legal representative
• assignee