Assignment States Patent For Deceased Inventor
Description
How to fill out Assignment Of Interest In United States Patent?
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FAQ
All of the above individuals can file a patent depending on the situation. An inventor can file for their own inventions, while a company on assignment or a legal heir on assignment can also file if they have obtained rights through an assignment states patent for deceased inventor. Proper documentation is key in these instances.
A person to whom the inventor is under the obligation to assign the invention may file a patent application and be identified as the applicant.
What's important to understand is that you must include as named inventors anyone who conceived of an invention in any claim ? even dependent claims.
The Patent statute is replete with language indicating that an inventor is a natural person. For example, as noted supra, 35 U.S.C. 100(f) defines the term ?inventor? as ?the individual or, if a joint invention, the individuals collectively who invented or discovered the subject matter of the invention.? 35 U.S.C.
When the inventor dies, he no longer owns the patent, so there is nothing to transfer. However, if the inventor still owns the patent, he can transfer it through a will or trust. If the inventor did not have a will or trust, it will pass to heirs via intestacy law, like every other right.
A substitute statement can be submitted in lieu of a declaration if an inventor is deceased, is under legal incapacity, has refused to sign the declaration, or cannot be found or reached after a diligent effort.