---
kind: "section"
citation: "35 U.S.C. § 117"
title: "35"
title_heading: "Patents"
number: "117"
heading: "Death or incapacity of inventor"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/35/117"
units:
  - "Part II — Patentability of Inventions and Grant of Patents"
  - "Chapter 11 — Application for Patent"
---

# §117. Death or incapacity of inventor


Legal representatives of deceased [inventors](/usc/35/100.md?p=f) 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](/usc/35/100.md?p=f).


## Source credit

(July 19, 1952, ch. 950, 66 Stat. 799.)

## Notes

### 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.