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409 Death, Legal Incapacity, or Unavailability of Inventor - 400 Representative of Inventor or Owner
409 Death, Legal Incapacity, or Unavailability of Inventor
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 1.42-1.47, 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 person 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).
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