Comments on: Q) Dead Inventors (10.02.30a)

By: qwacker

qwacker — Thu, 27 Oct 2011 03:22:17 +0000

This is classic John White dismissing possible answers with improper or inadequate explanation. While he’s so busy laughing about the “great beyond,” 409.01(a) is saying “One who has reason to believe that he or she will be appointed legal representative of a deceased inventor may apply for a patent as legal representative in accordance with 37 CFR 1.42. ” And how can a dead person have a legal representative? Hm, let’s ask 35 USC 117, “Legal representatives of deceased inventors . . . may make application for patent upon compliance with the requirements and on the same terms and conditions applicable to the inventor.” D and E are also correct, see MPEP 409.02.

The only one that is arguably incorrect is C, but even then MPEP 409 says ” A minor (under age 18) inventor ***MAY*** execute an oath or declaration under 37 CFR 1.63 as long as the *>minor< is competent to sign (i.e., understands the document that he or she is signing); a legal representative is not required to execute an oath or declaration on the minor’s behalf." The MPEP doesn't indicate a minor must execute if he or she understands the document.

It's a flawed question, but White's "analysis" is equally flawed.

By: qwacker

qwacker — Thu, 27 Oct 2011 03:15:02 +0000

Not necessarily.

By: patenttips

patenttips — Tue, 22 Mar 2011 23:18:38 +0000

….and it seems like a lot of inventors have sudden deaths during prosecution and the families are always up in arms about prosecuting that patent application.

By: patenttips

patenttips — Tue, 22 Mar 2011 23:17:47 +0000

PTO likes questions about dead people, drunk inventors, people leaving their wife to strand themselves on an island. They haven’t really talked about people who were detained though.

By: Bill

Bill — Sat, 26 Feb 2011 01:26:50 +0000

Bob,
I had this question with attorney being assigned some of the patent rights and reviewed the answer at the PTO. The attorney has a “partial interest” in the invention so even though the power of attorney is revoked at the death of the inventor, the attorney may still prosecute the application due o the partial interest. He would not have to wait for the legal representatives of the dead inventor to sign another power of attorney.

By: Boating Bob

Boating Bob — Thu, 30 Dec 2010 22:22:37 +0000

Had a similar question today, but before the inventor dies they assigned some of the patent rights to the patent attorney. When the inventor dies, can the attorney still prosecute the patent? Or does he need a new power of attorney signed by the heirs, wife, executor, etc. (I found something in the MPEP that did not revoke the agency to prosecute the patent upon the death of the inventor if they owned part of the patent, but I hope others will clarify this for future takers.)

By: NRM

NRM — Tue, 21 Dec 2010 16:25:07 +0000

An application by the legal representative for a minor may not be necessary, but I don’t see anything in 37 CFR 1.63(a)(1) that suggests that such an application would be actually improper.

By: Number_27

Number_27 — Wed, 15 Dec 2010 20:19:11 +0000

Anyone deceased leaving an estate will have a legal representative handling the estate.

By: Number_27

Number_27 — Wed, 15 Dec 2010 20:17:52 +0000

I thought C was intended to be the right answer

By: damien

damien — Wed, 10 Nov 2010 19:18:09 +0000

I think C as well, not sure there is an age requirement….