50

50

50

51

7. Provisional protection [or Acceptance of complete specification]

obtained

....

9. Agreement to purchase the patent and all improvements, &c., and

12. Purchaser to be made co-applicant by amendment

13. Accounts to be kept, inspection allowed, evidence given, &c.

14. Accounts, &c. (varying last form)

...

15. Improvements, additions, &c. by either party, to be shared equally 52 16. Improvements, &c. by vendor

....

....

52

53

53

54

54

55

17. Vendor not to be concerned in trade in similar articles.
18. Determination of agreement by either party on notice
19. Determination on default in payments or breach of covenants
20. Power to rescind if vendor delays proceedings to obtain patent—
Or purchaser may by power of attorney take out patent...
21. Liberty for purchaser to withdraw within given time on forfeit-
ing moneys paid

(a) Special clauses relating to licences are set out at pp. 228–242, post.

47

Form of

letters patent

under new

act (b).

22. If patent not obtainable moneys (without interest) returned .... 23. If patent declared void, instalments cease, or if appeal made, then payments only suspended-Final cesser of payments to be in lieu of damages

24. Arbitration clause.

25. Transmission clause ("assigns" to be imported)

COMMON FORMS.

PAGE 55

55

55

56

1. Victoria, by the grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith: To all to whom these presents shall come greeting:

Whereas John Smith, of 29, Perry Street, Birmingham, in the county of Warwick, Engineer, hath by his solemn declaration represented unto us that he is in possession of an invention for "Improvements in sewing machines," that he is the true and first inventor thereof, and that the same is not in use by any other person to the best of his knowledge and belief:

And whereas the said inventor hath humbly prayed that we would be graciously pleased to grant unto him (hereinafter together with his executors, administrators, and assigns, or any of them, referred to as the said patentee) our royal letters patent for the sole use and advantage of his said invention:

And whereas the said inventor hath by and in his complete specification particularly described the nature of his invention: And whereas we being willing to encourage all inventions which may be for the public good, are graciously pleased to condescend to his request.

Know ye, therefore, that we, of our especial grace, certain knowledge, and mere motion, do by these presents, for us, our heirs and successors, give and grant unto the said patentee our especial licence, full power, sole privilege, and authority, that the said patentee by himself, his agents, or licensees, and no others, may at all times hereafter during the term of years herein mentioned, make, use, exercise, and vend the said invention within our United Kingdom of Great Britain and Ireland, and Isle of Man, in such manner as to him or them may seem meet, and that the said patentee shall have and enjoy the whole profit and advantage from time to time accruing by reason of the said invention, during the term of fourteen years from the date hereunder written of these presents: And to the end that the said patentee may have and enjoy the sole use and exercise and the full benefit of the said invention, we do by these presents for us, our heirs and successors, strictly command all our subjects whatsoever within our United Kingdom of Great Britain and Ireland, and the Isle of Man, that they do not at any

(b) This is Form D to the First Schedule to the Act of 1883, set out in the Appendix. Reference is made to the form in the Introductory Chapter, ante, pp. 16, 17. As to the contents of a patent in the old form, see ante, pp. 5, 6; but the form is too long to be set out here. See, however, recitals (post), as to old patents.

time during the continuance of the said term of fourteen years
either directly or indirectly make use of or put in practice the
said invention, or any part of the same, nor in anywise imitate
the same, nor make or cause to be made any addition thereto
or subtraction therefrom, whereby to pretend themselves the
inventors thereof, without the consent, licence or agreement
of the said patentee in writing under his hand and seal, on pain
of incurring such penalties as may be justly inflicted on such
offenders for their contempt of this our Royal command, and
of being answerable to the patentee according to law for his
damages thereby occasioned: Provided that these our letters.
patent are on this condition, that, if at any time during the said
term it be made to appear to us, our heirs, or successors, or any
six or more of our Privy Council, that this our grant is contrary
to law, or prejudicial or inconvenient to our subjects in general, or
that the said invention is not a new invention as to the public
use and exercise thereof within our United Kingdom of Great
Britain and Ireland, and Isle of Man, or that the said patentee
is not the first and true inventor thereof within this realm as
aforesaid, these our letters patent shall forthwith determine, and
be void to all intents and purposes, notwithstanding anything
herein before contained: Provided also, that if the said patentee
shall not pay all fees by law required to be paid in respect of
the grant of these letters patent, or in respect of any matter
relating thereto at the time or times, and in manner for the time
being by law provided; and also if the said patentee shall not
supply or cause to be supplied, for our service all such articles
of the said invention as may be required by the officers or
commissioners administering any department of our service, in
such manner, at such times, and at and upon such reasonable prices
and terms as shall be settled in manner for the time being by law
provided, then, and in any of the said cases, these our letters
patent, and all privileges and advantages whatever hereby granted,
shall determine and become void notwithstanding anything herein-
before contained: Provided also that nothing herein contained
shall prevent the granting of licences in such manner and for such
considerations as they may by law be granted: And lastly, we do
by these presents for us, our heirs and successors, grant unto the
said patentee that these our letters patent shall be construed in the
most beneficial sense for the advantage of the said patentee. In
witness whereof we have caused these our letters to be made patent
this
one thousand eight hundred and
and to be
sealed as of the
one thousand eight hundred and

2. WHEREAS by letters patent under the Great Seal of the United Recital of Kingdom, dated &c. and numbered - the sole and exclusive grant of letters patent. licence and authority of making, using, exercising, and vending in the United Kingdom, the Channel Islands, and Isle of Man, an invention for &c. [name of invention] were granted to A. B., his

M.

E

[Old form.]

Complete specification filed.

[Old prac

tice.]
Grant of

letters patent.
[Present
form.]

French patent.

Claim to be

executors, administrators, and assigns, for the term of fourteen.
years from the day of
18-(c), [subject to the
said A. B. filing a complete specification of the said invention and
otherwise, as therein provided]. [Or, if the complete specification
had been already filed, say, "subject to a condition for making void
the same if the specification filed by the said A. B. was not a
complete one, and otherwise as therein provided."]

3. AND WHEREAS on the -day of

18-, the said A. B. duly filed a complete specification of the said invention (d).

4. WHEREAS by letters patent under the seal of the Patent Office (e), dated &c., and numbered &c., the sole and exclusive licence and authority of making, using, exercising, and vending in the United Kingdom and the Isle of Man (ƒ) an invention for &c. [name of invention], were granted to the said A. B., his executors, administrators, and assigns, for the term of fourteen years from the date thereof, subject to the payment of the fees and the conditions for making void the same, as therein provided.

5. AND WHEREAS under a Brêvet d'Invention, dated &c., and numbered &c., granted to the said A. B. in the Republic of France, he is entitled to the sole privilege or licence of using and vending within the said Republic and any of its Colonies or dependencies, an invention for &c., for a term of years from the day of

18-.

6. WHEREAS the said A. B. claims to be the inventor of improvefirst inventor. ments in &c. [title of invention], and that such invention is not and has never been used or known within this realm.

Provisional

7. WHEREAS the said A. B., as inventor of a new and improved protection (or process for the manufacture of &c. [title of invention], made his acceptance of application for letters patent on the

complete

day of

last, specification) and has obtained provisional protection [or, say, "has obtained the acceptance of a complete specification."]

obtained.

Recital of

patent taken

8. WHEREAS the said A. B. is the inventor of a new and invention and improved process for the manufacture of &c. [title of invention], and has obtained letters patent for the same within the United Kingdom [the Channel Islands], and the Isle of Man, dated &c., and numbered &c., for the term of fourteen years therefrom.

out.

Agreement to purchase a patent and

9. AND WHEREAS the said C. D. has agreed to purchase for the sum of £the said letters patent and the exclusive benefit

(c) The "subject" clause following the above date may probably, in most cases, be omitted.

(d) A complete specification is now required to be left at the office (sects. 5, 8, 9 of the new Act, post, pp. 308, 309.

(e) As to the seal, see sect. 12 of the new Act.

(f) The Channel Islands are not included. (Sect. 16 of the new Act, post, p. 311.) See Form I., ante.

thereof, and of any extension thereof, together with the like benefit all improvein all improvements or additions to the said invention, or any ments, &c., discovery useful for the manufacture of now or hereafter sions. made [or acquired], by the said A. B.

and exten

10. AND WHEREAS the vendor is entitled under an assignment, Title by dated &c., and made between &c., to the said invention and letters assignment. patent, and the exclusive benefit thereof respectively.

CLAUSES.

lbs. or &c.] of

11 (g). The said A. B. shall at his own expense, in the presence Trial of of the said C. D. and any agent of his, make trial of the said invention. invention, and manufacture according thereto some good specimens [or a quantity not exceeding and shall give to them respectively all necessary explanation of the process and details of such manufacture and the mode of application. of the said invention, so as to enable them respectively to form an opinion as to the utility and value thereof; but neither the said C. D. nor his agent shall, except for any of the purposes hereof, hereafter make use of the invention [or communicate the secret thereof to any person or persons ()] without the written consent of the said A. B. (i).

12. The said C. D. shall forthwith be entitled at his own expense Purchaser to [or at the expense of &c.] to be made an applicant for the grant be made coof the patent for the United Kingdom and the Isle of Man applicant by jointly with the said A. B., who shall procure the amendment of his application in this respect accordingly (j).

amendment.

13 (). The said C. D. shall keep at his usual place of business Accounts to all proper books of account, and make true and complete entries be kept, intherein at the earliest opportunities of all particulars necessary or allowed, spection convenient for the purposes hereof relating to the manufacture and evidence sale of the [articles] made according to the said invention, and the given, &c. licences [or sub-licences] granted in respect thereof, and all other dealings by him with or in relation to the said invention and patent rights subject hereto, and to the said business or any of them, and shall balance his accounts at the end of each half-year aforesaid; and shall at all times during the continuance and for the purposes

(g) See another form, namely, Clause 2 of Agreement II., post, p. 64, in the case where no application for the patent has been made, and the inventor has applied to a manufacturer to make a specimen of the patent instrument and try it himself before binding himself to join with the inventor in taking out the patent.

(h) If the complete specification has been accepted, omit the words in brackets. See sect. 10 of the new Act as to publication by the office after the acceptance, post, p. 310; and ante, p. 14.

(i) As to confidential disclosures in respect of a secret invention, see ante, pp. 27, 28.

(j) See as to amendment of the application by making a lender or purchaser a co-applicant, ante, p. 29.

(k) As to certain introductory matter to this clause, see next form.