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292

LIST OF MISCELLANEOUS PRECEDENTS.

PAGE

I. POWER OF ATTORNEY to take out a Foreign Patent ...... 293 II. BOND to secure a LIFE ANNUITY to a LICENSOR as the consideration for the Licence...

294

III. DEED OF COMMUTATION of Royalties reserved in a
Licence

295

IV. MEMORANDUM to be notified on Register as to the REVOCA

TION of a Licence

296

V. NOTICE of REVOCATION of a Licence (where no breach)

..... 296

VI. NOTICE by a Licensee to DETERMINE the Licence

297

VII, NOTICE to MAKE GOOD A BREACH of Covenant

297

VIII. NOTICE of REVOCATION of a Licence for BREACH of Cove

298

NANT

IX. NOTICE of CONTENTS of SUB-LICENCE

299

I.

day of

POWER OF ATTORNEY to take out a Foreign Patent.

I.

Power of KNOW ALL MEN by these presents that I A. B. of &c. & take out a

attorney to British subject and the sole and original inventor of an invention foreign which I have termed &c. [title of the invention] a short specification patent. whereof is given at the end hereof and which specification is a true copy of the provisional

specification furnished by me on my application at the British Patent Office on the last for letters patent in respect of the said invention DO HEREBY APPOINT C. D. of &o. my attorney in my name to apply in the empire of for the grant to me of the sole and exclusive privilege and right within the said empire to use the said invention and make sell and otherwise deal with all articles and things that can be made by or with the application of the said invention and for the purpose aforesaid to prepare or cause to be prepared all necessary petitions specifications and other documents and (where necessary) to sign or execute the same in my name with all proper attestation and to present the same respectively to the proper officer or officers minister or ministers or lodge the same respectively at the proper office or offices and in my name to pay or contract to pay all proper fees and charges in connection with the application and to do and suffer all such other acts matters and things as shall by the law of the said empire be requisite for the above purpose in the same manner and to the same extent as far as possible as I myself would be enabled or required to do in case I had personally made the application and I hereby undertake to ratify and confirm all acts matters and things which may bonâ fide be done or suffered by the said C. D. by virtue of the authority hereby conferred on him and to keep him indemnified against all damage or loss which may be occasioned to him by reason of any such acts matters or things which may bona fide be done or suffered by him as aforesaid. IN WITNESS, &c. (a).

THE SPECIFICATION above referred to.

(a) The power will, of course, be executed and attested according to the law of the country in which it is to be executed. Information on this can be obtained at a consulate or the embassy here for the particular country.

II.

II. BOND to secure a LIFE ANNUITY to a LICENSOR as the consideration Bond to secure a life annuity

for the Licence (6). to a licensor as the con

KNOW ALL MEN by these presents that I C. D. of &c. am sideration for the licence.

bound to A. B. of &c. in the sum of £- -(c) to be paid to him or his certain attorney or assigns: FOR WHICH PAYMENT I bind myself (d) by these presents: Sealed with my seal. Dated this day of — 18—: WHEREAS by letters patent &c. [Recite grant of patent to A. B.]: AND WHEREAS the said A. B. has agreed with the said C. D. for the grant to him of an exclusive licence to use the said invention for &c. [the district] for the residue of the said term in consideration of these presents being executed by the said C. D. for the purpose of securing to the said A. B. during his life or until the said licence shall by any means whatever (if at all) other than by efflusion of time become determined: AND WHEREAS the said licence is already engrossed and is expressed to be of the above date and to be made between the said A. B. of the one part and the said C. D. of the other part and is intended to be executed immediately after the execution hereof and contains a power to each of them the said A. B. and C. D. to revoke or determine the same in certain events respectively and also a provision that the said licence shall also become void if the said letters patent shall from any cause become wholly or as to some material part of the said invention void: Now The coyDITION of the above bond is that if the said C. D. shall pay to the said A. B. during his life or until the said licence shall by any means whatever (if at all) other than by effluxion of time become determined an annuity of £- by equal half-yearly payments day of

and

- day of year commencing with the

day of

next together with the proper proportionate part of the said annuity for the time (if any) which shall elapse between the last of such halfyearly days and the date of the death of the said A. B. or sooner determination (if any) of the said annuity as aforesaid (e) : THEN AND IN SUCH CASE the said bond shall be void otherwise the same shall remain in full force.

IN WITNESS, &c.

on the

in every

(6) For the form of such a licenco, seo Licence VIII., ante, p. 271.
c) The penal sum.

(d) The heirs are bound, though not mentioned. (Conveyancing Act, 1881, s. 59, Appendix, post, p. 381.). Before the Act, the real estate, although bound in the hands of the heir or devisee, could only be reached by an administration action or suit, unless the heirs were expressly named in the bond. See 3 & 4 Will. IV. c. 104, and 32 & 33 Vict. c. 46.

(e) The Apportionment Act, 1870 (33 & 34 Vict. c. 35), provides, however, for this apportionment.

III.

day of

day of

DEED OF COMMUTATION of Royalties reserved in a Licence (F).

III. Deed of com

mutation of THIS INDENTURE made &c.: BETWEEN A. B. of &c. (herein- royalties after called “the licensor”) of the one part and C. D. of &c. (here- reserved in a after called “the licensee") of the other part: WHEREAS by a

licence.

Recitals. licence under seal dated &c. the licensor granted unto the licensee

The licence. and his assigns the sole and exclusive licence for the term of &c. to use exercise and vend within the [district] a certain invention called &c. for which letters patent dated &c. and numbered &c. had been granted unto the licensor and in the said licence were reserved unto the licensor royalties at the rate of shillings for &c. payable half-yearly on every

and and it was thereby provided that at any time from and after the

day of

18- the licensee should be at liberty to commute the payment of any future royalties aforesaid on his satisfying all previous royalties or other sums then due thereunder and paying to the licensor such further sum of money as therein mentioned : AND WHEREAS the licensee hath up to Payment of the date hereof duly paid all royalties and other sums due by him royalties and to the licensor under the said licence and also duly performed and other obligaobserved his other obligations under the said licence : And WHEREAS tions up to the licensor hath agreed with the licensee that all future royalties which might become payable under the said licence shall be com- Agreement to muted for the sum of £ payable forthwith and in consideration of payment of such sum to execute such release as is hereinafter contained. NOW THIS INDENTURE WITNESSETH Testatum. that in pursuance of the said agreement and in consideration of the Release of

future royalsum of £

now paid to the licensor by the licensee (the ties for a sum receipt whereof is hereby acknowledged) he the licensor doth hereby now paid. release the licensee from the payment of all royalties which might but for these presents become payable hereafter under the hereinbefore recited licence dated &c. : AND THE LICENSOR doth hereby Covenant by covenant with the licensee that notwithstanding anything by him licensor as to done omitted or knowingly suffered the said letters patent are patent and now valid and subsisting and not void or voidable and that not- right to withstanding as aforesaid he the licensor hath power to release the release the

royalties. licensee in manner aforesaid from the payment of the said royalties.

IN WITNESS, &c. (9).

date.

(f) As to commutation of royalties, see ante, p. 207.

The deed should be notified on the register as containing matter affecting the legal proprietorship of the patent. See sect. 23 of the Act of 1883, Appendix, post, p. 313. The deed is also a variation of the licence, which, we may suppose, has been previously registered.

IV.

IV. Memorandum to be entered on register as to the revocation of a licence.

MEMORANDUM to be notified on Register as to the REVOCATION

of a Licence.

BE IT KNOWN from me A. B. of &c. that the licence dated
&c. and made between myself of the one part and C. D. of &c. of
the other part granted by me to the said C. D. of the inventions
mentioned together with the letters patent and other patent rights
relating to the same in the schedule hereto did on the day
of last absolutely determine and that the said inventions
letters patent and other patent rights are now vested in me (and
my licensees] free from the said licence and any sub-licences
granted by the said C. D. and I enter this notification by virtue
of Clause of the said agreement.
As WITNESS my hand this

18–

day of

.

THE SCHEDULE.

V.

NOTICE of REVOCATION of a Licence (uchere no breach).

V. Notice of revocation of a licence (where no breach).

.

To C. D. of &c. I HEREBY in exercise of the power given me by Clause of the licence dated &c. granted by me to you under the letters patent dated &c. and numbered &c. for [title of invention] give you notice that the said licence shall determine and stand revoked as from the

day of

next. Dated &c.

[Signature].

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