37 C.F.R. § 1.42 When the inventor is dead.
Title 37 - Patents, Trademarks, and Copyrights
In case of the death of the inventor, the legal representative (executor, administrator, etc.) of the deceased inventor may make the necessary oath or declaration, and apply for and obtain the patent. Where the inventor dies during the time intervening between the filing of the application and the granting of a patent thereon, the letters patent may be issued to the legal representative upon proper intervention. (35 U.S.C. 6, Pub. L. 97–247) [48 FR 2709, Jan. 20, 1983]
Title 37: Patents, Trademarks, and Copyrights
PART 1—RULES OF PRACTICE IN PATENT CASES
Subpart B—National Processing Provisions
Who May Apply for a Patent
§ 1.42 When the inventor is dead.
