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37 CFR 1.422 Legal representative as applicant in an international application

Title 3737 CFRStatutes & rulesCited by 2 §§

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37 CFR · MPEP Appendix R (Revision 01.2024)

37 CFR 1.422Legal representative as applicant in an international application.

[Editor Note: Applicable only to patent applications filed under 35 U.S.C. 111(a) or 363 on or after September 16, 2012 * ]

If an inventor is deceased or under legal incapacity, the legal representative of the inventor may be an applicant in an international application which designates the United States of America.

[Revised, 77 FR 48776, Aug. 14, 2012, effective Sept. 16, 2012]

[ * The changes effective Sept. 16, 2012 are applicable only to patent applications filed under 35 U.S.C. 111(a) or 363 on or after Sept. 16, 2012. See § 1.422 (pre-AIA) for the rule otherwise in effect.]

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Prior version

1.422 (pre-AIA) When the inventor is dead.

[Editor Note: Not applicable to patent applications filed under 35 U.S.C. 111(a) or 363 on or after September 16, 2012 * ]

In case of the death of the inventor, the legal representative (executor, administrator, etc.) of the deceased inventor may file an international application which designates the United States of America.

[ * See § 1.422 for more information and for the rule applicable to patent applications filed under 35 U.S.C. 111(a) or 363 on or after Sept. 16, 2012.]

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