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users of trade-marks, the originators of new plants could register their trade-marks ir& respect thereof and grant registered user rights to those persons to whom they areprepared to grant the right to propagate and sell such plant varieties. THE APPLICANT 24. For a number of years past there have been substantial differences between, the New Zealand and the British law as to the party entitled to apply for letters patents Going back no further than to the present New Zealand Act of 1921-22, we find the definition of " Inventor " and " Applicant " to be as follows : " Inventor " and " Applicant " subject to the provisions of this Act, include the legal representative of a deceased inventor or applicant; and "inventor " also includes the nominee or assignee of" the actual inventor. In Great Britain, on the other hand, apart from applications under the International Convention, the true and first inventor until 1949 had to be an applicant for letters patent. He could be joined by another person, firm, or company as a joint applicant, but nevertheless the true and first inventor himself had to be a party to the application. 25. Under the 1949 Act it is now possible in Great Britain for the assignee of the actual inventor to apply for letters patent. It is important to observe, however,, that by virtue of the provisions of section 2, subsection (2), of the Patents Act,. 1949, it is provided that: — ' If the application (not being a convention application) is made by virtue of an assignment of the right to apply for a patent for the invention, there shall be furnished with the application or within such period as may be prescribed after the filing of the application a declaration, signed by the person claiming to be the true and first inventor or his personal representative, stating that he assents to themaking of the application. 26. In New Zealand, on the other hand, there has never been any necessity for an assignee applicant to file any assignment or other document establishing either his right to apply by way of assignment or evidencing the consent of the true and first inventor to his making the application. All that has been required is that the assignee applicant should file an application form asserting that he applies as the assignee of the true and first inventor, naming him. 27. It is our view that provision should be made in New Zealand similar to that now existing in Great Britain, whereby, if the assignee applicant does not file within a prescribed time an actual legal assignment of the invention, then a consent signed by the person claiming to be the true and first inventor, or his personal representative,, should be filed. We feel that it is important, however, that any assignment which is filed in support of the assignee applicant's right to apply should be in terms sufficient to> establish clearly the identity of the invention purporting to be assigned. 28. Apart, however, from the fact that in New Zealand the assignee has for many years had the right to apply, there are two other very important differences between the New Zealand " applicant " section and that in Great Britain. Under section 6 of the Statute of Monopolies the grant of a patent was permitted to the " true and first inventor." In Great Britain, ever since the Statute of Monopolies, the expression " true and first inventor " included not only the actual inventor as such, but the true and first importer of the invention into the realm. The historical basis for the " true and first importer " being entitled to a patent was apparently that if, by travelling in foreign lands at the risk of his life and limb, and at considerable expense to himself,, he were able to bring into England an invention which would assist the particular tradeand industry in that country, he would be as much entitled to obtain a patent for the invention as the actual inventor might have been. 29. For some reason or other, which has not been explained to us, this interpretation of the term " true and first inventor " was not, at least for many years, followed in New Zealand. The present definition of this term first appeared in section 2 of the

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