[Patentcenter] Access to provisional application of deceased inventor - how?

[Jim Larsen]

Judi,

Thanks for your thoughtful response.  U.S. provisional applications are never published (although their contents can sometimes be publicly viewed, e.g., if cited in a non-provisional).

The widow is not an inventor in this instance, so changing the inventor is not an option.  I’ve looked into submitting a corrected ADS to identify the inventor as deceased and identify the widow as applicant (by way of being legal representative), but I need PoA to file the ADS.  Perhaps success is possible if they are filed simultaneously, but I think I need to prove the widow’s legal status as representative of the estate.  Submitting this type of legal document on the record has some potential downsides, I believe.

-Jim Larsen
Attorney
Larsen IP PLLC

From: Goldberg, Judi <jgoldberg at leydig.com>
Date: Tuesday, November 14, 2023 at 2:02 PM
To: patentcenter at oppedahl-lists.com <patentcenter at oppedahl-lists.com>
Cc: Jim Larsen <jim at larsen-ip.com>
Subject: RE: Access to provisional application of deceased inventor - how?
Hi Jim,
Sorry you’re dealing with this.  I thought provisional applications were made public after expiration.

I suggest maybe treating it as a non-expired utility application, and file a supplemental marked-up ADS and request to change the applicant or the inventor (whichever is appropriate), adding the “deceased” after the current inventor’s name and adding his widow as a legal representative.

The form used to change the inventor reads:

[cid:image002.jpg at 01DA1713.E0C204C0]

I would include the POA and a 373(c) statement with the suppl ADS and Request to Change.

Hope this works!
(IF not, I suggest contacting one of the ombudsman.  https://www.uspto.gov/learning-and-resources/support-centers/patents-ombuds-office/contact-patents-ombuds.)

Best,
Judi

From: Patentcenter <patentcenter-bounces at oppedahl-lists.com> On Behalf Of Jim Larsen via Patentcenter
Sent: Tuesday, November 14, 2023 2:54 PM
To: patentcenter at oppedahl-lists.com
Cc: Jim Larsen <jim at larsen-ip.com>
Subject: [Patentcenter] Access to provisional application of deceased inventor - how?


[External Email]
I've been trying for weeks to get access to a (expired) provisional application on behalf of the widow of the deceased inventor, as there is interest in the likely subject matter, given the inventor's renown in his field.  There was (as far as we know) no attorney, no co-inventor listed in the file, and, obviously, no available record of the application.  I have appropriate documentation identifying the widow as a legal representative and have filed a power of attorney signed by same.  This resulted in an Unauthorized Signature response from the PTO.  After speaking with people in the inventor's assistance center, USPTO legal office, and certification section I'm no closer to getting access as each PTO contact's respective passing the buck has yet to identify someone that actually knows how to gain access.  I have only the inventor name and the application number to go on.  Any ideas how to get access?


Best regards,



-Jim



James C. Larsen
Attorney

Larsen IP PLLC

p: 425.298.6846

e: jim at Larsen-IP.com<mailto:jim at Larsen-IP.com>

w. www.Larsen-IP.com<http://www.larsen-ip.com/>

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