LIST OF MISCELLANEOUS PRECEDENTS. PAGE ... 293 ...... I. POWER OF ATTORNEY to take out a Foreign Patent III. DEED OF COMMUTATION of Royalties reserved in a Licence IV. MEMORANDUM to be notified on Register as to the REVOCA- V. NOTICE of REVOCATION of a Licence (where no breach) VII. NOTICE to MAKE GOOD a BREACH of Covenant ... 294 295 296 ..... 296 297 297 VIII. NOTICE of REVOCATION of a Licence for BREACH of COVE NANT IX. NOTICE of CONTENTS of SUB-LICENCE 298 299 I. POWER OF ATTORNEY to take out a Foreign Patent. I. Power of attorney to KNOW ALL MEN by these presents that I A. B. of &c. a take out a 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 day of last for letters patent in respect of the said invention DO HEREBY APPOINT C. D. of &c. 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 bonâ 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 con sideration for the licence. BOND to secure a LIFE ANNUITY to a LICENSOR as the consideration KNOW ALL MEN by these presents that I C. D. of &c. am IN WITNESS, &c. and For the form of such a licence, see 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 III. mutation of licence. Recitals. The licence. DEED OF COMMUTATION of Royalties reserved in a Licence (f). Deed of comTHIS 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 under seal dated &c. the licensor granted unto the licensee 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 day of 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 date. 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 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 validity of 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. (g). (f) As to commutation of royalties, see ante, p. 207. (5) 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. satisfaction of commute. Testatum. 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 day of THE SCHEDULE. 18-. V. Notice of revocation of a licence (where no breach). V. NOTICE of REVOCATION of a Licence (where no breach). To C. D. of &c. of I HEREBY in exercise of the power given me by Clause day of next. Dated &c. [Signature]. |