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Date Published

Where an applicant dies before a patent is granted, the patent may be granted to that person's legal representative (sec 15(1)(d)). In this situation, evidence setting out the right of the legal representative to the patent must be filed. Examiners should also consider the definition of "legal representative" in schedule 1.

If the applicant dies before a patent is granted (or if a body corporate ceases to exist), the application may proceed in the original name until, or even beyond, grant. In either case, the provisions of sec 215 apply. A person with legal rights to the patent may then have his or her name substituted for that of the deceased patentee after providing suitable evidence. The same principle applies when one of a number of applicants dies intestate.

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