Title 35, PatentsRelease 119-102
§117 Death or Incapacity of Inventor
Title 35 › PART II — PATENTABILITY OF INVENTIONS AND GRANT OF PATENTS › CHAPTER 11 — APPLICATION FOR PATENT › § 117
Summary
Legal representatives may apply for the inventor’s patent and must meet the same requirements and follow the same rules the inventor would.
Full Legal Text
Title 35, §117
Patents, Source: USLM XML via OLRC
Legal representatives of deceased inventors and of those under legal incapacity may make application for patent upon compliance with the requirements and on the same terms and conditions applicable to the inventor.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Based on Title 35, U.S.C., 1946 ed., § 46 (R.S. 4896, amended (1) Feb. 28, 1899, ch. 227, 30 Stat. 915, (2) Mar. 3, 1903, ch. 1019, § 3, 32 Stat. 1225, 1226, (3) May 23, 1908, ch. 188, 35 Stat. 245). The language has been considerably simplified.
Reference
Citations & Metadata
Citation
35 U.S.C. § 117
Title 35, Patents
Last Updated
Aug 21, 2026
Release point: 119-102