Who can sign a substitute statement for a deceased or incapacitated inventor?
Who can sign a substitute statement for a deceased or incapacitated inventor?
In cases where an inventor is deceased or legally incapacitated, specific parties are authorized to sign a substitute statement. According to MPEP 409.01(a):
“A substitute statement under 37 CFR 1.64 may be signed by the applicant or an assignee of the entire interest on behalf of a deceased or legally incapacitated inventor.”
The following parties can sign a substitute statement:
- The applicant (if different from the inventor)
- An assignee of the entire interest
- A person to whom the inventor is under an obligation to assign the invention
- A person who otherwise shows sufficient proprietary interest in the matter
It’s important to note that the person signing the substitute statement must have the legal authority to act on behalf of the deceased or incapacitated inventor. This ensures that the patent application can proceed even when the original inventor is unable to participate in the process.
To learn more:
Topics:
MPEP 400 - Representative of Applicant or Owner,
Patent Law,
Patent Procedure