Comments on: Q) Death of inventor before application is filed (MPEP 400)

By: Alfredo

Alfredo — Tue, 24 Jan 2012 17:50:36 +0000

I got the variant where patent attorney was assigned a partial interest. Question was essentially can he keep prosecuting the application or does he need new power of attorney from heirs/representatives etc.
1/23/12

By: lily

lily — Sun, 11 Dec 2011 21:14:37 +0000

Maggie,
who is Ben and where can i see more of his questions? thanks!

By: maggie

maggie — Tue, 15 Nov 2011 21:34:30 +0000

Another Q reported from Ben from VA:

(Q) Both inventors die, after notice of allowance, but before it reaches the registered practitioner.
Answer – Board cannot withdraw the application unless the heirs intervene. (The wording was much more confusing than that).

By: maggie

maggie — Tue, 15 Nov 2011 21:33:18 +0000

Maybe same as Ben reported from VA:

(Q) Alvin and Bert – Alvin dies. The key here is the application was made by a registered practitioner. Therefore, power of attorney does not leave Bert and there’s no problem. Nothing needs to be done.

By: patentgeekchick

patentgeekchick — Fri, 23 Sep 2011 00:38:59 +0000

Got overworked’s variant 9.22.11

By: PB

PB — Thu, 30 Jun 2011 14:17:32 +0000

Does assignment also terminate upon the death of the inventor?

By: Sarah

Sarah — Wed, 18 May 2011 20:11:05 +0000

Got a dead inventor question today 5/18/11.

Involved power of attorney. Question was inventor died, but had given part interest to his attorney to pay practitioner fees. Correct answer is attorney can continue to prosecute and power of attorney not revoked.

By: Sarah W.

Sarah W. — Sun, 08 May 2011 00:57:09 +0000

Corp Z has no need to revoke because POA terminates upon the inventor’s death. A is correct. B is wrong.

By: Overworkked

Overworkked — Thu, 28 Apr 2011 18:50:00 +0000

VARIANT on 4/27/2011 E8R8:

Applicant gives full power of attorney to patent atty. Files and assigns application in full to Corp. Z. Applicant dies. What now?

A. Executor of estate may file papers and continue until Corp. Z revokes (My Answer)
B. Corp. Z may revoke (Which is also true, but A is a MPEP quasi-quote)
C. something
D. something
E. something else

The delineation between A & B was REALLY fine. Both were equally valid in my view, but A was the MPEP extract, so I went with it.

By: patenttips

patenttips — Wed, 23 Mar 2011 16:17:22 +0000

also saw question: inventor appoints atty partial assignee, inventor dies.

partial assignee may continue prosecution