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

CON

Henry Lumley Drayton

Conservative (1867-1942)

Sir HENRY DRAYTON:

Section 30 says:
In cases of joint applications or grants, every assignment from one or more of the applicants or patentees to the other or others, or to any other person, shall be registered in like manner as other assignments.
Section 29 shows how they are to be registered in connection with other assignments:
Every patent issued for an invention shall be assignable in law; either as to the whole interest or as to any part thereof, by any instrument in writing, but such assignment, and every grant and conveyance of any exclusive right to make and use and to grant to others the right to make and use the invention patented within and throughout Canada or any part thereof, shall be registered in the Patent office in the manner from time to time prescribed by the commissioner for such registration.
We are now dealing with the effect of default.
and every ass;gnment affecting a patent for invention shall be null and void against any subsequent assignee, unless such instrument is registered as hereinbefore prescribed, before the registration of the instrument under which such subsequent assignee claims.
Those positions are applicable to section 30. So when the minister is considering it, he had better consider section 29 as well.

Topic:   PATENTS OF INVENTION
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