Unavailable Legal Representative of Deceased Inventor
Ninth Edition of the MPEP, Revision 10.2019, Last Revised in June 2020
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409.03(c) Unavailable Legal Representative of Deceased Inventor [R-11.2013]
[Editor Note: This MPEP section is not applicable to applications filed on or after September 16, 2012.]
Pre-AIA 37 CFR 1.47 should not be considered an alternative to pre-AIA 37 CFR 1.42 or pre-AIA 35 U.S.C. 117 since the language "cannot be found or reached after diligent effort" has no reasonable application to a deceased inventor. In re Application Papers Filed September 10, 1954, 108 USPQ 340 (Comm’r Pat. 1955). See pre-AIA 37 CFR 1.42 and MPEP § 409.01. However, pre-AIA 37 CFR 1.47 does apply where a known legal representative of a deceased inventor cannot be found or reached after diligent effort, or refuses to make application. In such cases, the last known address of the legal representative must be given (see MPEP § 409.03(e)).