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Who should be the applicant and who should be named as inventor?
The applicant and the inventor are not always the same person. Pick the closest situation and see what you need.
A legal representative or the surviving applicants can carry on.
Moderate complexity - several routes or missing facts
- The legal representative of a deceased person who was entitled to apply can apply (section 6(1)(c)).
- If one of several joint applicants dies before grant, the Controller can direct, on the survivors' request and with the consent of the deceased's legal representative, that the application continue in the survivors' names alone (section 20(4); rule 35).
- Name the deceased inventor correctly in the application (section 7(3)) and keep proof of the legal representative's authority.
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Not sure whether this applies to your invention?
The honest answer usually needs someone to look at your actual disclosure, your timeline and the prior art. That is a conversation, not an article.