It’s a scenario no one likes to imagine, but it happens more often than you’d think. A researcher passes away in the middle of a promising project. A startup founder dies unexpectedly, leaving behind a half-filed patent. Or a professor’s name is on a provisional application, but the final specification is still pending when tragedy strikes.
The obvious human loss aside, there’s also the very practical, legal question: what happens to the patent? Who takes over, and who even has the right to do so?
The law in plain words
The Indian Patents Act actually answers this quite directly. Section 6 says a patent can be filed not just by the inventor themselves, but also by an assignee or, if the inventor is no longer alive, by their legal representative.
And before you scroll past the jargon, let’s pin it down. A “legal representative”, under Section 2(k), isn’t some mysterious creature. It just means the person who represents the estate of someone who has died. That could be an heir under succession laws, the executor of a will, or in some cases, an administrator appointed by the court.
So yes, patents don’t die with inventors. There’s a way to carry them forward.
Where confusion creeps in
Here’s where I’ve seen startups and universities slip. They confuse an assignee with a legal representative.
An assignee is someone the inventor has already given rights to (like their employer or university). If there’s an assignment deed in place, the company or institution doesn’t need to wait for heirs, they’re already the applicant.
A legal representative steps in only if no assignment exists or if the inventor was named as the applicant at the time of death.
Example: a PhD student at a university dies before filing an application, and there’s no IP policy assigning rights to the institution. In that case, the student’s parents (as heirs) may step in as legal representatives. If there is an assignment clause in the university’s rules, then the university carries on as the applicant.
This distinction seems small, but it can save months of wrangling later.
What if the death happens before filing?
If the inventor passes away before anyone files the patent, the legal representative can file on their behalf. Practically, this means collecting a death certificate, proof that you are the heir or executor, and then filing the patent with Form 1, signed by you as the representative.
It sounds simple, but the bureaucracy here can be painful. If there’s a will, you’ll need probate. If not, you’ll probably need letters of administration from a court. Without those, the Controller of Patents won’t accept you as the legal representative.
And if death occurs after filing?
Different story. If it’s a joint application, the surviving applicants just keep going, but the legal representative of the deceased also has to be added in.
If the inventor was the sole applicant, the Controller has to formally substitute the name of the legal representative. This is where Form 6 (substitution request) or Form 10 (at the grant stage) comes in.
This part is more administrative, but if you don’t update the records, the grant can stall.
Deadlines most people miss
There’s one silent trap in the law: the proof of right requirement. Section 7(2) says you must file proof that you have the right to apply (like an assignment or succession papers) within six months of filing. You get only one month extra if you beg for an extension.
Miss this, and the whole application can collapse. I’ve seen applicants assume they can “sort out the paperwork later” after a death, only to watch the deadline run out.
When courts have weighed in
Indian courts haven’t gone deep into this issue yet, but we do have a couple of pointers.
In Sergi Transformer v. CTR Manufacturing, the Delhi High Court stressed that unless assignments and transmissions are registered, they can’t be relied on in court. Lesson: if you inherit or are assigned patent rights, register them quickly.
More broadly, courts use the Civil Procedure Code’s definition of “legal representative,” which is deliberately wide, it includes heirs, executors, and even people who “intermeddle” with the estate. So the Patent Office isn’t looking for just one narrow category.
Real-life scenarios
Let’s bring this down to earth:
University research: A student dies midway through filing. If there’s no assignment, parents/heirs may step in. If there is, the university continues.
Startup founder: A co-founder dies after filing a provisional. If they had assigned rights to the company, the company would file the complete specification without interruption. If not, heirs must be added in.
Joint inventors: One dies after filing. Surviving inventors continue, but the legal representative of the deceased must be joined.
Practical advice if you’re in this situation
Gather documents fast: death certificate, probate, will, or letters of administration.
Don’t wait to register: file Forms 6 or 10 promptly with the Controller.
Check the deadlines: especially the six-month window for proof of right.
Resolve heir disputes early: if multiple heirs are fighting, file jointly to avoid paralysis.
Plan ahead: if you’re a university or startup, get assignment agreements in place long before it becomes an issue.
Final word
The death of an inventor is tragic, but it doesn’t have to mean the end of their innovation. Indian law makes space for heirs, executors, and legal representatives to carry patent rights forward. The trick is to understand who qualifies, get your documents in order, and act within deadlines.
If you’re part of a research institution or a startup, the bigger lesson is foresight: don’t leave IP assignments vague. A little paperwork today can save months of uncertainty tomorrow.
Because patents are not just about ideas, they’re about legacy. And legacy deserves to outlive its creator.
