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409.01 Death of Inventor [R-5] - 400 Representative of Inventor or Owner

409.01 Death of Inventor [R-5]

Unless a power of attorney is coupled with an interest (i.e., **>a patent practitioner< is assignee or part-assignee), the death of the inventor (or one of the joint inventors) terminates the power of attorney given by the deceased inventor. A new power from the heirs, administrators, executors, or assignees is necessary if the deceased inventor is the sole inventor or all powers of attorney in the application have been terminated (but see MPEP § 409.01(f)). See also 37 CFR 1.422.

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