MPEP § 409 — Death, Legal Incapacity, or Unavailability of Inventor
Ninth Edition, Revision 01.2024 · last revised R-11.2013
For information regarding applications for patent filed on or after September 16, 2012 on behalf of a deceased or legally incapacitated inventor, see MPEP § 409.01(a). For information regarding applications for patent filed on or after September 16, 2012 where the inventor or at least one joint inventor is unavailable, see MPEP §§ 409.02, 604, and 605.
For information regarding applications for patent filed before September 16, 2012 on behalf of a deceased inventor or legally incapacitated inventor, see MPEP § 409.01(b). For information regarding applications for patent filed before September 16, 2012 where at least one inventor is unavailable, see MPEP §§ 409.03 – 409.03(j).
Contents
- 409.01 Deceased or Legally Incapacitated Inventor
- 409.02 Unavailable Joint Inventor – Application Filed on or after September 16, 2012
- 409.03 Unavailability of Inventor – Application Filed Before September 16, 2012
- 409.03(a) At Least One Joint Inventor Available
- 409.03(b) No Inventor Available
- 409.03(c) Unavailable Legal Representative of Deceased Inventor
- 409.03(d) Proof of Unavailability or Refusal
- 409.03(e) Statement of Last Known Address
- 409.03(f) Proof of Proprietary Interest
- 409.03(g) Proof of Irreparable Damage
- 409.03(h) Processing and Acceptance of a Pre-AIA 37 CFR 1.47 Application
- 409.03(i) Rights of the Nonsigning Inventor
- 409.03(j) Action Following Acceptance of a Pre-AIA 37 CFR 1.47 Application
- 409.04 [Reserved]
- 409.05 Application For Patent by an Assignee, Obligated Assignee, or a Person Who Otherwise Shows Sufficient Proprietary Interest – Application Filed On or After September 16, 2012
Cited authority
- 409.01(a) Deceased or Legally Incapacitated Inventor - Application Filed on or After September 16, 2012
- 409.02 Unavailable Joint Inventor – Application Filed on or after September 16, 2012
- 604 Substitute Statements
- 605 Applicant
- 409.01(b) Deceased or Legally Incapacitated Inventor- Application Filed Before September 16, 2012
- 409.03 Unavailability of Inventor – Application Filed Before September 16, 2012
- 409.03(j) Action Following Acceptance of a Pre-AIA 37 CFR 1.47 Application
Cited by
- 2803 Persons Who May File a Request for Supplemental Examination
- 325 Establishing Right of Assignee To Take Action in Application Filed On or After September 16, 2012
- 409.05 Application For Patent by an Assignee, Obligated Assignee, or a Person Who Otherwise Shows Sufficient Proprietary Interest – Application Filed On or After September 16, 2012