- Laws of Fiji

[PA 150] Commissioner may vest patent or patent application without probate or letters of administration150

150

(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;
- (ii)probate or letters of administration have not been made or resealed in Fiji; 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 45 of the Succession, Probation and Administration Act 1970 restricts the operation of this section.