April 23, 1923 (14th Parliament, 2nd Session)


William Alves Boys (Whip of the Conservative Party (1867-1942))

Conservative (1867-1942)


It should be null and void
as against subsequent purchasers or assignees without notice-but should not go any further. I appreciate there is a. very decided difference between the ordinary assignment and an assignment in cases of joint applications because when two parties apply for a patent you have to deal with both of them. At the same time if no notice is given to the department of an assignment, the department proceeds as if no assignment had been made, knowing nothing of such. The department is not to blame. The assignee would have to sue the two, and it would then be up to the latter to straighten out the difficulty between themselves by an assignment. If I could only find out what is the intention of the minister I would be in a better position to suggest. Is it the intention under section 30 that an assignment shall be null and void unless registered? If so, I think it is a mistake. My suggestion is that it should be null and void against subsequent purchasers or assignees for value and without notice.

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