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.  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 had appointed an agent or common representative and the successor to the rights of that deceased applicant intends to be represented by that same agent or common representative, the successor to the rights of the deceased applicant should consider appointing that agent and submit a corresponding power of attorney.

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).

98. [Deleted]

99. [Deleted]