(1) If a patentee, applicant for a patent, or nominated person (A) dies, the Commissioner may (without requiring probate or letters of administration) register or substitute a person (B) as the patentee, applicant, or nominated person in place of A if—
(a) B proves, to the Commissioner’s satisfaction, that—
(i) B is entitled to obtain probate of A’s will or letters of administration of A’s estate, or is A’s personal representative, in the place where A was living at the time of his or her death; and
(ii) probate or letters of administration have not been made or resealed in New Zealand; and
(iii) the interests of A’s creditors, and of all persons beneficially interested under A’s will or on A’s intestacy, will be adequately safeguarded if this action is taken; and
(b) B applies in the prescribed manner.
(2) If B becomes the patentee, applicant, or nominated person under this section, B holds the patent subject to all existing interests and equities affecting it.
(3) This section applies even if A died before the commencement of this section.
(4) Nothing in section 70 or 73 of the Administration Act 1969 restricts the operation of this section.
Compare: 1953 No 64 s 86