The Commissioner of Patents has forwarded the following case for advice:

Application for Patent No. 1647 is by the assignee of the assignee of the actual inventor.

Objection was taken to the application on the ground 'the application is not as prescribed insomuch that the assignee of an assignee is not a person entitled to apply for a patent within the meaning of section 32 of the Patents Act'.

The practice for several years has been based upon this interpretation of sub-section (3) (b) of section 32, an interpretation verbally concurred in by the then Crown Solicitor, Mr Charles Powers.

It is now contended by the patent attorney for the applicant that the words 'his assignee' in sub-section (3) (b) of section 32 are synonymous with the words 'his assigns' and extend to any person who has become possessed of an invention by assignment.

Section 32 (3) of the Patents Act 1903-1909 reads as follows: (3) Any of the following persons may make application for a patent-

1. The actual inventor; or
2. his assignee agent attorney or nominee; or
3. the actual inventor or his nominee jointly with the assignee of a part interest in the invention; or
4. the legal representative of a deceased actual inventor or of his assignee; or
5. any person to whom the invention has been communicated by the actual inventor his legal representative or assignee (if the actual inventor, his legal representative or assignee is not resident in the Commonwealth).

In my opinion the words 'his assignee', in section 32 (3) (b) of the Patents Act 1903-1909, are equivalent to the words 'his assigns'. I think they merely connote derivation from him by assignment, and are not restricted to the case of assignment direct from the inventor to the applicant.

I think, therefore, that the assignee of the assignee of the actual inventor may be regarded as the actual inventor's assignee (i.e. his assignee) within the meaning of the section.

[Vol. 15, p. 263]