Death of applicant or nominated person
215 Death of applicant or nominated person
If an applicant dies before a patent is granted on the application, his or her legal representative may proceed with the application.
If a nominated person dies before a patent is granted on the application, the patent may be granted to his or her legal representative.
Where, at any time after a patent is granted, the Commissioner is satisfied, on the balance of probabilities, that the patentee had died (or, in the case of a body corporate, had ceased to exist) before the patent was granted, the Commissioner may amend the Register by substituting for the name of the patentee the name of the person to whom the patent should have been granted.
An amendment by the Commissioner has effect, and is to be taken always to have had effect, accordingly.
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