37 CFR 1.43 — Application for patent by a legal representative of a deceased or legally incapacitated inventor

Title 3737 CFRStatutes & rulesCited by 12 §§

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37 CFR · MPEP Appendix R (Revision 01.2024)

37 CFR 1.43 — Application for patent by a legal representative of a deceased or legally incapacitated inventor.

[Editor Note: Applicable only to patent applications filed under 35 U.S.C. 111(a) or 363 on or after September 16, 2012 * ]

If an inventor is deceased or under legal incapacity, the legal representative of the inventor may make an application for patent on behalf of the inventor. If an inventor dies during the time intervening between the filing of the application and the granting of a patent thereon, the letters patent may be issued to the legal representative upon proper intervention. See § 1.64 concerning the execution of a substitute statement by a legal representative in lieu of an oath or declaration.

[48 FR 2696, Jan. 20, 1983, effective Feb. 27, 1983; revised, 77 FR 48776, Aug. 14, 2012, effective Sept. 16, 2012]

[ * The changes effective Sept. 16, 2012 are applicable only to patent applications filed under 35 U.S.C. 111(a) or 363 on or after Sept. 16, 2012. See § 1.43 (pre-AIA) for the rule otherwise in effect.]

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Prior version

1.43 (pre-AIA) When the inventor is insane or legally incapacitated.

[Editor Note: Not applicable to patent applications filed under 35 U.S.C. 111(a) or 363 on or after September 16, 2012 * ]

In case an inventor is insane or otherwise legally incapacitated, the legal representative (guardian, conservator, etc.) of such inventor may make the necessary oath or declaration, and apply for and obtain the patent.

[48 FR 2696, Jan. 20, 1983, effective Feb. 27, 1983]

[ * See § 1.43 for more information and for the rule applicable to patent applications filed under 35 U.S.C. 111(a) or 363 on or after Sept. 16, 2012]

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