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409 Death, Legal Incapacity, or Unavailability of Inventor [R-5] - 400 Representative of Inventor or Owner
409 Death, Legal Incapacity, or Unavailability of Inventor [R-5]
If the inventor is dead, insane, or otherwise legally incapacitated, refuses to execute an application, or cannot be found, an application may be made by someone other than the inventor, as specified in 37 CFR **> 1.42, 1.43 and 1.47<, and 37 CFR 1.423, MPEP § 409.01 - § 409.03(j).
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. See 37 CFR 1.63(a)(1).
Employees of the United States Patent and Trademark Office (Office) who were inventors are not permitted to sign an oath or declaration for patent application (37 CFR 1.63) during the period of their employment with the Office and one year thereafter. 35 U.S.C. 4. These employees (inventors) will be treated as being unavailable to sign the oath or declaration pursuant to 37 CFR 1.47.
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