Patents Conveyancing: Being a Collection of Precedents in Conveyancing in ... - Robert Morris - Google Books

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7. Provisional protection [or acceptance of complete specification]

8. Invention made and patent taken out

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

and extensions.

10. Title by assignment.

11. Trial of invention....

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

17. Vendor not to be concerned in trade in similar articles ...... 53

18. Determination of agreement by either party on notice ..... 53

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 for-

feiting monies paid....

22. If patent not obtainable, monies (without interest) returned.. 55

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)

PRECEDENTS OF AGREEMENTS.

I. AGREEMENT for LOAN by Instalments to enable Inventor to TAKE

Our the patent and WORK the Invention-PROVISIONAL PRO-

TECTION OF ACCEPTANCE of complete Specification] already

obtained- PRELIMINARY TRIAL of Invention-Option to

make advances-Patent to be taken out in JOINT NAMES and

MORTGAGED to Lender-INTEREST half-yearly at FIXED RATE,

and ALSO ACCORDING TO PROFITS-Term certain

59

II. AGREEMENT by a MANUFACTURER to pay expenses of obtaining

a patent-No APPLICATION yet made-JOINT PATENT-

MANUFACTURER ALONE to work patent-PAYMENT of ROYAL-

TIES OPTION TO PURCHASE patent-Provision for renewal

of Agreement by surviving partners (if any) of Manu-

III. AGREEMENT for LOAN to a Firm-Advances with interest

repayable only out of FIXED SHARE of NET PROFITS half-

yearly-Present advance-Other sums advanced according

to state of profits-CHARGE ON PATENTS—.
-No PERSONAL

LIABILITY to repay

IV. AGREEMENT for SALE of MOIETY of a patent-PROVISIONAL

PROTECTION obtained-Purchase-money in three instalments

payable (1) at date, (2) on ACCEPTANCE of complete specifi-

cation, (3) on grant of patent-CONDITIONS OF WORKING

RESCISSION before Grant in certain events

V. AGREEMENT for SALE of Patent AFTER ACCEPTANCE of Complete

Specification-Vendor to MANUFACTURE FOR PURCHASER

within District-EXCLUSIVE LICENCE for same District-

ROYALTIES on Goods sold to strangers-Clauses as to

prices, accounts, delivery and disposition of Goods on

determination of Licence

VI. AGREEMENT for SALE of FOREIGN and COLONIAL Patents (in

course of being obtained)-Special Clauses enabling Pur-

chaser to retire from any Purchase

VII. AGREEMENT for SALE of Patents to a TRUSTEE for a LIMITED

JOINT STOCK COMPANY (in course of formation)-Purchase-

money in Cash and Shares.

VIII. AGREEMENT between JOINT APPLICANTS for a Patent,

defining their respective interests and powers on working

IX. AGREEMENT to grant EXCLUSIVE LICENCE for District-Con-

dition Precedent to purchase EXPECTED CARGO of RAW

MATERIAL from Foreign Island for manufacture of the

Patent commodity-CONTENTS OF LICENCE as in Schedule,

including provisions for FUTURE PURCHASES of Raw Material

-ANALYSIS by CHEMISTS-Determination of Agreement in

X. AGREEMENT for EXCLUSIVE LICENCE to SELL Articles-FRENCH

PATENTEE-BRITISH PATENT to be obtained in JOINT NAMES

and then VESTED IN LICENSOR, subject to a COVENANT TO

GRANT the Licence-Licensee first to ESTABLISH HIS BUSI-

NESS, and BUY a certain number of Articles from FRENCH

FACTORY-TERMS OF LICENCE as in Schedule, including as

to MONTHLY SUPPLY of Articles by LICENSOR

XI. AGREEMENT for SALE on the HIRE SYSTEM of a Patent

(EXCLUSIVE LICENCE until ASSIGNMENT)-Payment of

ANNUAL SUMS-NO ROYALTIES

XII. AGREEMENT for SALE on HIRE SYSTEM of a Patent (varying

last Precedent)-EXCLUSIVE LICENCE until Assignment-

Premium-ROYALTIES half-yearly until total fixed MINIMUM

XIII. AGREEMENT forming a SYNDICATE to PURCHASE & CONTRACT

FOR SALE of a PATENT, and to sell the contract or patent to

a Company or otherwise...

XIV. DEED OF PARTNERSHIP for working a Patent

XV. AGREEMENT appointing a SOLE AGENT for the SALE of PATENT

ARTICLES in the Metropolis

CHAPTER ON ASSIGNMENTS

(and MORTGAGES).

A patent or share or for distinct part of invention generally

assignable; so also for a district; a co-owner may assign

his share; mode of assignment; should be by deed; other-

wise only a contract arises
..110-1

Contents of ordinary deed of assignment; Recitals-title or fact

of invention or claim thereto no implied warranty of title to

the invention-Recital that assignor represented himself as

inventor; grant of patent; devolution of title; Testatum-

assignment of invention as well as patent, also of rights,

powers &c.; Covenants-for title and as to validity of

patent; as to improvements &c. and extensions; not to seek

leave to amend specification without consent..

Contents of an assignment for a district-Covenants-validity of

patent; as to improvements &c.; as to extensions; payment

of renewal fees; no amendment of specification without con-

sent of assignee; production of the letters patent..........115-7

Comparison of advantages between assignments and exclusive

licences for districts...

Powers and obligations of co-owners of a patent inter se; Mathers

v. Green; accounts as to royalties under licences; difficulties

of co-owners working separately, where no special provisions;

such provisions are personal covenants not generally binding

the assigns; covenant as to grant of licences; covenant by

assignee to perform obligations of assignor..

Division of patent into equal moieties (separate working); Divi-

sion into unequal shares (separate working), no trustees—each

owner to pay share of fees; licences to be granted jointly;

each owner to pay royalties on articles made by him; other

provisions; Assignment to trustees for owners-nature of;

assigns of owners to execute the deed, but they might be

bound by their acts; duties of the trustees-to grant licences

to owners or strangers, to pay expenses, defend patent &c.;

contribution of owners to expenses; remuneration of trustees;

appointment of new trustees; Assignment of a share by

patentee, but he alone to work patent-nature of reservation;

conditions for working

Assignment of a licence-where licensor is not a party; where

licensor is a party ..

Mortgage of a patent-recitals and absolute covenants for title

and validity; covenant as to payment of fees and mainte-

nance of patent; to detect infringements and take proceed-

ings, or permit mortgagee so to do; implied power of sale

and other powers; grant of licences by mortgagor; provision

that mortgagor may grant licences until power of sale exer-

ciseable; provision as to licences by mortgagee; improve-

ments &c. to form part of security

Mortgage of a licence-where licensor is not a party; where

licensor is a party ....

Registration of assignments and mortgages-not compulsory except

as against third parties; registration will relate back to date

of document, semble

PRECEDENTS OF ASSIGNMENTS AND MORTGAGES.

I. ASSIGNMENT of a PATENT, with benefit of IMPROVEMENTS, &c.

(Ordinary Form)...

II. ASSIGNMENT of a PATENT for a DISTRICT

III. ASSIGNMENT of a MOIETY of a Patent-CONDITIONS OF

SEPARATE WORKING.

IV. ASSIGNMENT of one TWELFTH SHARE of a Patent-Special

provisions as to each Owner working the Patent separately 144

V. ASSIGNMENT of a Patent to TRUSTEES for Co-owners in UN-

EQUAL SHARES-EXCLUSIVE LICENCE for a particular Dis-

trict to be granted to each Co-owner at ROYALTIES-POWER

OF SALE and General Powers of LICENSING in the Trustees-

TRUST MONIES divisible half-yearly-REMUNERATION to the

VI. ASSIGNMENT by a Patentee of a SHARE of a Patent-The

Assignor alone to work the Patent

VII. ASSIGNMENT and RELEASE of a Patent by one Co-grantee to

the other in pursuance of an AGREEMENT FOR SALE of the

Entirety by the Inventor entered into before the GRANT .. 158

[AGREEMENT V. carried out.]

VIII. ASSIGNMENT of a Patent to the Inventor (a FOREIGNER

resident abroad) by his Agent the Patentee

IX. ASSIGNMENT of a LICENCE-the Licensor not being a Party .. 161

X. ASSIGNMENT of a LICENCE-the Licensor being a Party

XI. DEED OF PARTITION of a Patent...

I. MORTGAGE of a PATENT, with Provisions for FUTURE ADVANCES,

and REDUCTION of INTEREST-Monies to remain for a Term

II. MORTGAGE of a Patent by ONE CO-PATENTEE (the Inventor) to

the OTHER, for Past and Present Advances, in pursuance

of AGREEMENT made pending Application for Patent-the

Agreement having CHARGED the Patent Rights with Re-

payment, and the JOINT GRANT having been obtained as

ADDITIONAL SECURITY-Interest at FIXED RATE, and also

ACCORDING TO PROFITS - On Redemption the Entirety to be

assigned to Inventor

[AGREEMENT I. carried out.]

III. MORTGAGE of a LICENCE-the Licensor not being a Party .. 175

IV. MORTGAGE of a LICENCE-the Licensor being a Party

CHAPTER ON LICENCES.

Definition of licence; exclusive licence-effect of later licence to

another person; partially exclusive licences; licence may

amount to an assignment; should be under hand and seal;

but, if not, might be good as between parties, though it

cannot be registered, nor enable licensee to take proceedings

for infringement, and no estoppel from the recitals ........182-4

Assignment of a licence; covenants how far binding on assigns

of licensee; Werdermann v. Société, &c. d'Electricité; what

covenants to pay bind assigns and what do not, semble;

passive covenants as to user of invention probably bind

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