Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Where, before a patent is granted, a person would, if the patent were then granted, be entitled under an assignment or agreement, or by operation of law, to:
(a) the patent or an interest in it; or
(b) an undivided share in the patent or in such an interest;
the Commissioner may, on a request made by the person in accordance with the regulations, direct that the application proceed in the name of the person, or in the name of the person and the applicant or the other joint applicant or applicants, as the case requires.
(2) Where the Commissioner gives a direction:
(a) the person is to be taken to be the applicant, or a joint applicant, as the case requires; and
(b) the patent request is to be taken to have been amended so as to request the grant of a patent to the person, either alone or as a joint patentee, as the case requires.