PCT Receiving Office Guidelines
Chapter VI: Article 14 Check and Other Formal Requirements
Indications in the Case of a Deceased Applicant or Inventor
96. If the applicant dies, the successor to the rights of that applicant (for example, heir or legal representative) should request to be recorded as the new applicant under Rule 92bis (paragraphs 309 to 312). The reason for the requested recording of a change must be indicated.
97. If the inventor died before the international application was filed, the request must indicate only the name of the inventor with an indication that the inventor is deceased, for example: JONES, Bernard (deceased). For the case of a designation for which the inventor must be the applicant, see paragraph 98.
98. For the purpose of the designation of the United States of America, if the deceased applicant was the inventor, the successor to the rights of the deceased applicant/inventor must be indicated in the request as the new applicant (but not inventor) for the United States of America. Where there is a successor to the rights of the deceased inventor, this indication should be made as follows:
SMITH, Alfred, legal representative of JONES, Bernard (deceased) or
JONES, Helen, sole heiress of JONES, Bernard (deceased)
followed by indications of the address, nationality and residence of the legal representative or heir, as the case may be. The nationality and residence of the successor to the rights of the deceased inventor must be indicated.
99. The same applies where the inventor dies during the international phase and a request for the recording of a change in the person of the applicant is made (paragraphs 309 to 312). Where no replacement sheet of the corresponding sheet(s) of the request and/or additional sheet, as the case may be, was filed, the receiving Office transfers the change to the record copy (which may imply adding a sheet to the request form). If the deceased applicant/inventor had appointed an agent or common representative and the successor to the rights of that deceased applicant/inventor intends to be represented by that same agent or common representative, the successor to the rights of the deceased applicant/inventor must appoint that agent and submit a corresponding power of attorney.
