as a deed, held not necessary, 184, n.

subject to prior licences, [273].

subsistence of, bars licensee from disputing validity of patent, 187 et seq.
sub-term, grant of, is a, 196, n.

trustees, power to grant, vested in, 124-126.

precedent of assignment by co-owners giving such power, [148].

validity of,

covenant by licensee in sub-licence as to, [289].

verbal, 40, 189.

warranty of title to invention not implied in, 188, 192.

LICENSEE,

assignment of patent to, when fixed minimum sum in royalties paid, [94].
when instalments of premium paid, [91].

assigns of, how far bound by his covenants, 85, 86.

covenants by,

in gross, 220.

ordinary, 202, 223–225.

under sub-licence, [289.] See COVENANTS; COVENANTS IN LICENCES.
disputing validity, may be restrained from using invention, 187, n.
estopped from disputing validity, 187 et seq.

exclusive, can sue for infringements, how, 201.

expense of licence but not counterpart borne by, 149, n.

guarantee by, of prices of articles supplied to his nominees, [261].
how he may relieve himself from obligations if patent void, 190.
non-exclusive,

cannot sue for infringements, but for special damage, 200.

not to be bound to see to validity of licences granted by trustees, [150].
not to manufacture, but licensor to do so for him, [241].

not to purchase material except from licensor, [256].

not to sell, &c., material except in form of chemicals, [256].

of one co-owner, not bound to see to distribution of royalties, 119.
option of, to purchase patent, [241].

power of, to determine licence, 190, 219, 220.

forms of powers, [239, 240, 268, 269, 272].

form of notice of execution of power, [297].

proviso as to mutual covenants between other licensees and, [261].
remedy against licensor for non-payment of fees, 200.

restrained from using invention contrary to covenant, although patent void,

217.

suing for infringements in name of licensor, must indemnify him, 201, n.
"selling,"

not probably entitled to sue for infringements as to manufacture, unless
special damage, 201, n., 221.

to be party to other licences to covenant with licensees, [260].

to commence business within certain period, [284].

to purchase plant, machinery, &c., [284].

NOTE.-References to the Precedents and Forms are printed thus [64].

M.

EE

LICENSEE-continued.

to supply foreign customers of licensor, [284].

other licensees with patent articles, [275].
unprofitable working of patent by, power to revoke if, 218.
form of such power, [239].

LICENSOR,

bears expense of preparation of licence, 149, n.

cesser of rent to, while failing to supply material, 207.

provision as to, [233].

consent of, as to assignment, &c., of licence given upon terms, 213.
covenants with, are assignable, 163, n.

entitled to security for costs from licensee suing in his name, 201, n.
no remedy against, by licensee, for non-payment of fees, 200.

remedy of, against assigns of licensee, 186.

power of, to revoke licence, 218, 219.

forms of, [239].

forms of notice exercising, [296, 298].

right of, to sue for infringements in district of exclusive licence, 201, 217, n.
should join in assignment of licence to obtain covenants, 187, n.

solicitors of, to prepare licence and counterpart, [85].

suspension of rent and royalties to, while not proceeding for infringements,

205.

to manufacture for licensee, [241].

to supply articles to licensee, [88, 284].

LIEN,

and to be sold on commission, [284].

material to licensee, [255, 260]. See COVENANTS AS TO VALIDITY;
COVENANTS FOR TITLE; COVENANTS IN LICENCES.

of agent on goods, [108].

will prevail on bankruptcy of principal, 108, n.

LUNATIC,

declaration by committee of, on application for patent, 12, n., 324.

MACHINERY,

licensee to purchase, [284].

recital as to possession of, [73].

MANUFACTURE,

according to specification, covenant to, 212.

held not to be against public policy, 212.

form of covenant to, and to pay royalties on articles not so manu-
factured, [236].

articles to be of good and merchantable condition, or may be returned, [261].
by licensor for licensee, [241].

by vendor for purchaser, [74].

infringements in. See INFRINGEMENTS.

option to pay royalties on sale instead of on, or vice versâ, or both, 204.

provision as to, [228].

right to, includes "to sell," 53, 84, n., 194.

royalties on, or on sales and, or in lieu of "on sales," 228.

observations on, 203.

royalties on, preferred to "on sales," 123, 203.

MANUFACTURER,

agreement for advance of monies by, but he alone to work patent, [64].
profit of, is distinct from that of a licensor, 201, n.

royalties on sale monies after satisfaction of cost price and profit of, [328].

MARRIED WOMAN,

may be grantee of patent, 11, n.

MASTER,

conflicting claims to invention between servant and, 12, 12, n., 35.

MATERIAL (RAW),

analysis of cargo of, by chemists, [85, 256].

cesser of rent while licensor fails to supply, [233].

observations on, 207.

determination of agreement, if not purchased, [86].

foreign concession to obtain, recital of, [84].

licensee not to sell, &c., except in form of chemicals, [256].
to purchase from licensor only, [256].

licensor to supply licensee with, [254].

prices of, according to amount of acid, [85, 256].

purchase of cargo of, condition precedent for licence, [84].
recital of expected cargo of, [84].

rent not to be payable when insufficient supply of, [254].

MATHERS v. GREEN, [118].

division of patent into, separate working, 121.

precedents of agreements and assignment as to, [70, 82, 142].
NOTE.—References to the Precedents and Forms are printed thus [64].

observations on, 27-33.

licensee of one co-owner not bound to see to distribution of, 119.
paid for or under licence not recoverable generally, 190, 272, n.
specific performance of agreements for lending and borrowing, 43.
to be returned if patent not obtained, [55, 72, 74].

to remain on mortgage for term certain, [61, 168, 174]. See ADVANCES or
LOANS; INSTALMENTS.

MONOPOLIES,

illegal and void under Statute of Monopolies, except under letters patent,

MORTGAGE,

agreements for, [60, 62, 68].

specific performance of, 43.
stamp duty on, 63, n.

consolidation of, 375.

covenants for title implied in, 371.

equitable, stamp duty on, 63, n.

includes a "charge," under Conveyancing Act, 1881..63, n., 369.

of licence, 131, 132.

consent of licensor to, given upon terms, 213.

covenant against, [237].

not usually inserted in "selling" licences, 213, n.

precedents of, [175, 177].

of patent, 128-131, and Addenda.

precedents of, [167, 172].

charge until execution of, [62, 68].

kept on foot in mortgage, [174].

colonial or foreign, as to, 62, n., 167, n.

contents of, stated in agreement for, [62].

declaration of trust of patent until execution of, [62].

provisions in contemplated, to be observed, [63].

registration of, 23-25, 132, 133, 313, 321, 322, 342, 343.

reconveyance on, 384.

specific performance of agreements to executor, 43.

warranty of title usually absolute in, 129.

MORTGAGEE,

covenant by, with licensor, in mortgage of licence, [178].
grant of licences by, 131.

power to grant, [170].

not to be obliged to accept payment before certain date, [169].

obligation of, to transfer, 375.

power of sale of, 375-377.

power to give receipts, 376-377.

receiving interest on profits of the mortgaged patent, not liable as partner,

30.

his security not affected by bankruptcy of inventor, 30.

MORTGAGOR,

action for redemption by, 378.

covenants for title by, implied under Conveyancing Act, 1881..371.
power of, to inspect deeds, 375.

MUNITIONS,

of war, assignment to Secretary for War of inventions relating to, 319.

NEW ACT (Patents, Designs, and Trade Marks Act, 1883, 46 & 47 Vict.

c. 57), 2, 9 et seq., 307-330.

called the "Act of 1883," 2, n.

NEW ACTS,

comprise the New Act and the Amendment Acts of 1885 and 1886..10.

NON-DELIVERY,

of cargo, power to determine agreement if, [85].

NON-EXCLUSIVE LICENCE,

at royalties only (full contract), [247].

(open contract), [245].

observations on, 195, 196, 198, 202.

power to grant sub-licences not usual in, 215, n.
premium when made payable in, 193, n.

NON-EXCLUSIVE LICENSEE,

See LICENCE.

cannot sue for infringement, except as to special damage, 200.

NON-USER OF INVENTION,

by assignee of district to release assignor from payment of fees, 116.
form of proviso, [140].

exclusive licence to become non-exclusive if, [242].

NOTARY PUBLIC,

affidavits out of United Kingdom and colonies sworn before, 337.

NOTICE,

constructive, 145, n., 383 (Conveyancing Act, 1881).

equitable doctrine of, as between registered and unregistered assignees, 9,
25, 133.

forms of,

in the precedents, [296-299].

in Patent Rules, 1883..[351, 352].

of acceptance of application, 13, 338.

of complete specification, 14, 338.

of agreement to be indorsed on patent, [69].

in applications for patent, 336, 338.

may be sent by post, 323, 337.

power to either party to determine on, [53, 239].
registration, priority of, how affected by, 9, 25, 133.

service of, [98, 242, 282].

on a company, [282].

under Conveyancing Act, 1881..382.

NOTIFICATION ON REGISTER,

of documents generally, 9, 23, 24, 313, 321, 322, 342, 344.

of licence, form of request for, of, [351].

of memorandum as to revocation of licence, [296]. See REGISTER; REGIS-

TRATION.

NOVELTY OF INVENTION, 4, 6, 15.

covenant not to object to, [238].

not touched by qualified covenant as to validity of patent, 39, 112, 114.

OATHS,

administered in United Kingdom or abroad, before whom, 337.

NOTE.-References to the Precedents and Forms are printed thus [64].