(1) This section applies if, before a patent has been granted, a person would, if the patent were to be then granted, be entitled under an assignment or agreement, or by operation of law, to—
(a) the patent; or
(b) an interest in the patent; or
(c) an undivided share in the patent or in an interest in the patent.
(2) The Commissioner may, on a request made by the person in the prescribed manner, direct that the patent application proceed in the name of the person, or in the names of the person and the applicant or the other joint applicant or applicants (as the case may require).
(3) If the Commissioner gives a direction,—
(a) the person must be taken to be the applicant, or a joint applicant, as the case may require; and
(b) the patent application must 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 may require.
(3) If the Commissioner gives a direction, the person must be taken to be—
(a) the applicant, or a joint applicant, as the case may require; and
(b) the nominated person, or joint nominated person, as the case may require.
Compare: 1953 No 64 s 24(1); Patents Act 1990 s 113 (Aust)