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

By: S

Sat, 05 Jun 2010 10:45:07 +0000

I forget the third one.

By: S

Sat, 05 Jun 2010 10:44:50 +0000

I got three death of the inventor questions.

1) Death of the inventor after the notice of allowance.
1303.03-The Notice of Allowance will not be withheld due to death of the inventor if the executor or administrator has not intervened. {verbatim}

2) somebody(Joe) named in the will finds the patentable material in the attic. Mary is the named executrix of the estate. Mary should sign the papers. See 409.02

By: sambo

sambo — Sat, 12 Sep 2009 14:45:51 +0000

Actually, the I may be wrong about the notice of allowance being sent. However, the NOA was mentioned. Also, please refer to

MPEP 409.01(e) If Applicant of Assigned Application Dies – When an applicant who has prosecuted an application after assignment, dies, the administrator of the deceased applicant’s estate may carry on the prosecution upon filing letters of administration unless and until the assignee intervenes (MPEP § 402.07).

By: sambo

sambo — Sat, 12 Sep 2009 14:44:13 +0000

Got a question yesterday involving two inventors who died during patent prosectution. Notice of allowance was sent. They had a power of attorney designated in question. An executrix of the estate named MARY is mentioned. Someone named Jo is named on the will and wants to continue prosecution. What happens next?

I read in the MPEP that once one of the joint inventors dies, the power of attorney ends. Then a sentence about…unless the heirs intervene..

By: patentbar

patentbar — Thu, 04 Sep 2008 19:59:26 +0000

You should also be familiar with the provisions found in MPEP 409.01, 409.01(e), and 409.01(f)

By: patentbar

patentbar — Thu, 04 Sep 2008 19:59:19 +0000

Another question involves an inventor that has assigned a part interest to his or her invention to his or her practitioner, and the inventor dies. See MPEP 409.01.

By: patentbar

patentbar — Thu, 04 Sep 2008 19:59:10 +0000

Questions involving the death of an inventor are common. For example, a question involves a likely heir who wants to file a patent application of a deceased inventor and the inventor had a will, executor, and the will was over the amount requiring an executor by state law. MPEP 409.01(a)