purchaser, to solicit grant of letters patent: covenants with the said (inventor) hereby agrees with the said (purchaser) in manner following (that is to say) that he the said (inventor) will at any time or times hereafter within the term of fourteen years to be computed from the day of the date of these presents upon the request and at the cost of the said (purchaser), his executors, administrators, or assigns, take and use all such steps, means, and proceedings as shall be requisite or proper for obtaining, and use his the said (inventor)'s utmost endeavours to obtain, in the name of him the said (inventor), a patent for the sole and exclusive making, using, exercising, and vending of the said invention within the United Kingdom of Great Britain and Ireland, and the Isle of Man, as the said (purchaser), his executors, administrators, and assigns, may desire, during the term or terms for which patents for inventions and to assign are usully granted. And further, that the said (inventor), his letters patent; executors, or administrators, will at any time or times after obtaining any such patent upon the request and at the cost of the said (purchaser), his executors, administrators, or assigns, make, do, and execute all such assignments, deeds, matters, and things, as the said (purchaser), his executors, administrators, and assigns, shall reasonably require for assigning, and transferring unto the said (purchaser), his executors, administrators, and assigns, for his or their absolute benefit, the said patent, and the full benefit and advantage thereof; And further, that he the said (inventor) will, at any time or times hereafter, upon every reasonable request of the said (purchaser), his executors, administrators, or assigns, more particularly and sufficiently describe to him or them, or his or their agents or workmen, either in writing or by personal explanation and instruction, or otherwise, the nature of the said invention, and in what manner the same, and every part thereof, and every process relating thereto, are to be performed or carried into effect and used; And further, that he the said (inventor), his executors or administrators, will not, nor shall any person or persons claiming by, from, through, or under him or them, at any time or times hereafter, during the term of fourteen years to be computed from the day of the date of these presents, without the consent or licence of the said (purchaser), his executors, administrators, and assigns, either alone or in copartnership, or in any other manner, howsoever, directly or to instruct purchaser in the invention. Not to use invention without purchaser's licence; indirectly, make or assist in the making of any of the to disclose hath not and is not new and improved kind hereinbefore mentioned, or in the construction of which the aforesaid invention shall be used; or (except by any specification or specifications which may have to nor, except by be executed and enrolled for the purposes of the application for specification, the said patent) described, either in writing or otherwise, to invention; any person or persons other than the said (purchaser), his executors, administrators, or assigns, the nature of the said invention, or in what manner the same is to be performed or carried into effect, or give any information, or do or permit or be party or privy to, any act, matter, or thing whereby or by means whereof the same respectively may be known by any person or persons other than as aforesaid, or whereby or by means whereof the said (inventor) may be prevented or hindered, from obtaining the said patent for the purposes herein before mentioned. And further, that he the said (inventor) has not that inventor at any time or times heretofore described, either in writing, or disclosed otherwise, to any person or persons other than the said invention, (purchaser), the nature of the said invention, or in what prevented manner the same is to be performed or carried into effect, or from obtaining given any information, or done or permitted, or been party or patent; privy to, any act, matter, or thing, whereby or by means whereof the same respectively may have been or may be known by any person or persons other than as aforesaid, or whereby or by means whereof he may be prevented or hindered from obtaining the said patent for the purposes hereinbefore mentioned; And further, that he the said (inventor) will, at any time or times hereinafter, upon every request and at the cost of the said (purchaser), his executors, administrators, or assigns, make, do, execute, and perfect all such lawful acts, deeds, disclaimers, amendments, and other matters and things, for the better or more satisfactorily or effectually sustaining or maintaining such patent as aforesaid, and assuring the same, and the full benefit thereof, and of the said invention unto the said (purchaser), his executors, administrators, and assigns, as by him or them shall be reasonably required. And in considera- purchaser tion of the agreements hereinbefore contained on the part of the agrees to said (inventor), he the said (purchaser) hereby agrees with the number of said (inventor), his executors and administrators, that he the articles, and said (purchaser), his executors or administrators, will, within to the for further assurance, make a certain deliver them inventor; inventor from costs of obtaining letters patent. the space of one year, to be computed from the day of the date of the patent to be so obtained as aforesaid, at his or their cost, make and deliver, for and to the said (inventor), his executors and administrators,-complete, perfect, and well made and finished, of the new and improved kind herein before mento indemnify tioned. And will, from time to time and at all times hereafter, save, defend, and keep harmless and indemnified the said (inventor), his heirs, executors, and administrators, and his and their estates and effects whatsoever and wheresover, of, from, and against all costs and charges to be incurred or sustained in, about, or in anywise relating to the obtaining of the said patent, and the preparing any specifications which may be necessary for the purposes of the application for the same, and of, from, and against all claims and demands on account thereof. Provided always, and it is hereby agreed and declared, that the solicitor or agent to be employed in obtaining the said patent, and in preparing any such specification or specifications as aforesaid, shall be appointed by the said (purchaser), his execuresponsible for tors, administrators, or assigns; And that the said (inventor), his heirs, executors, or administrators, shall not be answerable or accountable for any neglect or default of such solicitor or agent anything hereinbefore contained to the contrary thereof in anywise notwithstanding. Proviso that purchaser is to appoint solicitor, or agent, and that inventor shall not be his default. As witness, &c. Agreement to divide. Assignment of district to A. B. AGREEMENT BETWEEN JOINT OWNERS OF A PATENT FOR PARTITION. day of Between 188, of the other part. owners of certain and entitled An Agreement made the A. B. of of the one part, and C. D. of Whereas the said A. B. and C. D. are joint letters patent dated and numbered And whereas they have agreed to divide the special licence, full power, sole privilege, and authority by the said letters patent granted in the manner and upon the terms hereinafter appearing. Now it is agreed as follows: 1. The said A. B. shall be solely entitled henceforth to use, work and vend the invention forming the subject matter of the said letters patent in the following counties and shall be solely entitled within the said counties to grant assignments for districts or special or general licences upon any terms which the said A. B. shall see fit, and the said C. D. shall whenever required to do so by the said A. B., execute a valid assignment of all his interest in the said letters patent within the said counties to the said A. B. 2. The said C. D. shall be solely entitled henceforth to use, Assignment work, and vend the said invention in the following counties to C. D. and shall be solely entitled within the said counties to grant assignments for districts or special or general licences upon any terms which the said C. D. shall see fit, and the said A. B. shall, whenever required to do so by the said C. D., execute a valid assignment of all his interest in the said letters patent within the said counties to the said C. D. of district to account. 3. Neither party shall be bound to account to the other for Neither party any profits, royalties, or payments received by him with respect to the using, vending, or working the said invention within the counties or districts assigned to him hereby. fees, &c. 4. The said C. D. shall from time to time and as they become Payment of due pay the fees for the continuance and renewal of the said letters patent, and shall be entitled to recover one moiety of the sums of money so paid from the said A. B. elective. 5. This agreement and all the provisions thereof shall apply Future patents to any letters patent obtained or acquired by either party hereto for any improvements upon the said patented invention, and neither party shall be bound to make any payments in respect of any such improvements to the other. Provided always, that immediately after applying for any such letters patent the party seeking to obtain the same shall give notice in writing to the other of the said improvement and full particulars respecting the same, together with a copy of the specification filed, and thereupon the other party shall elect whether he shall take the benefit of the said invention or not, and if he elects to take the benefit thereof shall from time to time pay to the party applying for such letters patent one moiety of all the costs, fees, and charges incurred in obtaining or seeking to obtain such letters patent, and then the said letters patent and the said invention shall be deemed to be within this agreement, but should he elect not to pay the said moiety of costs, fees, and charges, then he shall be deemed to have abandoned all claim No amendment without consent. to the said letters patent and invention, and the party applying for such letters patent shall thenceforth be the sole owner thereof. 6. Neither party shall apply for leave to amend the specifications to any letters patent within this agreement without the consent of the other first had and obtained. 7. So far as practicable this agreement shall apply to and be binding on the executors, administrators, or assigns of the parties hereto. Parties. Recitals of application for patent; of acceptance of specification; of agreement for arrangement as to working, &c., the invention. Testatum. Agreement. Capitalist to contribute sum for expenses. Inventor to endeavour to obtain patent, AGREEMENT FOR WORKING AND SELLING AN INVENTION, day of 18 An Agreement made the Between (inventor), of, &c., of the one part; and (capitalist), of, &c., of the other part. Whereas the said (inventor) has, under the Patents, Designs, and Trade Marks Act, 1883, made an application, dated the day of 18 number , for a patent for an invention of (title of invention), which application was accompanied by a complete specification: And whereas the said complete specification has been accepted: And whereas the parties thereto have agreed to enter into the arrangements hereinafter mentioned in respect of the said invention and application, and the patent to be obtained thereupon. Now these Presents witness that it is hereby agreed as follows, that is to say : 1. The said (capitalist) shall immediately upon the execution of these presents, pay to the said (inventor) a sum of £ to be applied by him towards the expenses of working and developing the said invention. 2. In consideration of the payment so agreed to be made as aforesaid, and of the agreements on the part of the said (capiand assign the talist) hereinafter contained, the said (inventor) shall use his best endeavours to perfect the said invention, and to obtain the same when required. (7) Extracted by permission of the publishers from Bythewood and Jarman's Conveyancing. |