MPEP Section 409.02, Insanity or Other Legal Incapacity

Executive summary:

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409.02 Insanity or Other Legal Incapacity

37 CFR 1.43 When the inventor is insane or legally incapacitated.

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.

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When an inventor *>becomes legally incapacitated< prior to the filing of an application and prior to *>executing< the oath or declaration required by 37 CFR 1.63 and no legal representative has been appointed, one must be appointed by a court of competent jurisdiction for the purpose of execution of the oath or declaration of the application.