to amend. 3. The grantor shall not without the consent of the grantee, Grantor not his executors, administrators or assigns, in writing first had and obtained apply for leave to amend the specification to the said letters patent in any way whatsoever (x). months' Grantee to be determine. 4. The grantee shall be at liberty upon giving notice in writing to the grantor to determine this licence and at liberty to all the terms and conditions thereof, and thereupon the said letters patent for the district hereinbefore defined, and all the rights and privileges thereby granted, shall revert in the grantor absolutely, and the annual payments herein before provided for shall cease. 5. The grantee shall be at liberty either in his own name or As to actions in the name of the grantor, or both, as he may be advised, to bring any action or proceeding for the purpose of restraining the infringement of the said letters patent within the district herein before defined. Provided always that before in any way making use of the name of the grantor in any such action or proceeding the grantee shall give security to the satisfaction of the grantor to indemnify him in respect of any costs or damages which he may become liable for by reason of any such action or proceeding. 6. The grantor shall pay all fees necessary for the renewal Payment of he... and maintenance of the said letters patent during the term fees, &c. comprised therein one calendar month at least before the times provided by the Patents, &c. Act, 1883, or the rules made in pursuance in that behalf thereof, and in case of non-payment thereof as aforesaid, the grantee shall be at liberty to pay the same and to deduct any monies so paid by him from the annual payments hereinbefore provided for, or to recover the same from the grantor at the grantee's option. 7. Should the grantor during the continuance of this licence obtain letters patent in respect of any improvements, additions to, or discovery useful to the manufacture of the subject-matter of the said letters patent, he shall at the expense of the grantee grant to him an exclusive licence to make exercise use or vend the invention the subject-matter of the said further letters patent within the said district without any extra or additional (a) See last preceding precedent for the converse in a general licence the patentee should reserve T. power to amend, but in an exclusive NN 你 Default in payment of royalty. No warranty of validity. payment on the part of the grantee. Provided always that the grantor shall not be bound to maintain or keep in force the said further letters patent by payment of the prescribed fees or otherwise. 8. Should the grantee make default in the payment of the annual royalty reserved by the second clause hereof as therein provided, it shall be lawful for the grantor to serve upon the grantee by leaving the same at his last known place of business or abode notice in writing determining these presents, and thereupon the licence hereby granted shall cease but without prejudice to the right of the grantor to sue for and recover any arrears of the said annual royalty which may then be due. 9. The licensor notwithstanding anything herein to the contrary shall not be deemed in any way to warrant or represent the validity of the said letters patent. In witness, &c. Parties. Recitals. Testatum. Assignment MORTGAGE OF A PATENT. This Indenture made the day of 188 Between A. B. of hereinafter called the mortgagor of the one part, and C. D. of hereinafter called the mortgagee of the other part. Whereas the mortgagor is the registered owner of certain letters patent dated 188 and numbered for an invention entitled "Improvements, &c. ." And whereas the mortgagee has agreed to lend to the mortgagor the sum of £ to be secured together with interest thereon by mortgage of the said letters patent as hereinafter expressed. Now this Indenture witnesseth that in consideration of the sum of £ this day paid by the mortgagee to the mortgagor (the receipt whereof is hereby acknowledged) the mortgagor doth covenant with the mortgagee that he the mortgagor will pay to the mortgagee on the day of 188 the sum of £ together with interest thereon at the rate of £ per cent. per annum. And this Indenture also witnesseth that for the consideration aforesaid the mortgagor as beneficial owner doth hereby assign to the mortgagee the said letters patent and the sole and exclusive benefit thereof and all extensions thereof and all the rights, privileges, profits, benefi.s, commo , dities and advantages by the said letters patent granted to have and to hold the same to the mortgagee subject to the proviso for redemption hereinafter contained. 547 Provided Proviso for redemption. always that if the mortgagor shall pay to the mortgagee the until the day of day of 18 or within or any and 18 call in the Provided also day of 18 day of days after the said days respectively pay to the mortgagee all interest then due and shall perform and observe all the covenants on his part to be performed or observed then the mortgagee will not before the day of principal sum aforesaid or any part thereof. that the mortgagor shall not before the compel the mortgagee to receive the said principal sum or any part thereof. And that the mortgagor during the continuance of the security will take all steps necessary for the protection of the said letters patent and maintaining the same in full force and effect and for the prevention of any infringement thereof and will pay all fees necessary for the continuance of the said letters patent one calendar month at least before the same shall become due and payable and will whenever required to do so produce to the mortgagee or his agent the receipts for the said fees and in default of the mortgagor taking any such steps as aforesaid or protecting the said letters patent from infringement or making payment of the said fees it shall be lawful for the mortgagee to do or pay the same either in his own name or in the name of the mortgagor as he the mortgagee shall elect and to sue for and recover from the mortgagor any costs, charges or expenses which he may incur in so doing or at his Mortgagor to be at iberty to use and work inven tion, and grant licences. Mortgagor to supply copy to mortgagee. Proviso for foreclosure. option to allow the same to remain on the security hereof as monies advanced as aforesaid. Provided always that until the mortgagee shall become entitled to exercise the power of sale to be implied herein the mortgagor shall be at liberty to use and work the said invention without interruption from the mortgagee and also may (but so that he shall in each case give to the mortgagee days at least notice in writing of his intention so to do and of the particulars thereof) with the consent of the mortgagee in writing but not otherwise grant licences to use and work the said invention as from the dates thereof respectively for the whole or any part of the term comprised in the said letters patent. And further the mortgagor shall within fourteen days after the execution of every such licence furnish the mortgagee with a copy of the same. Provided also that from and after the time when the mortgagee shall first become entitled to exercise the statutory power of sale to be implied herein but subject to any licences which may have been granted as hereinbefore authorised it shall be lawful for him alone to work the said invention and to grant licences in respect thereof or to assign the said letters patent and invention for districts or otherwise to deal with the same in any manner that he shall think fit. And the mortgagor doth hereby further covenant with the mortgagee that he will communicate to the mortgagee during the continuance of this security all improvements which he may discover or make in connection with the said invention and also all improvements which during the said time he shall have control of or acquire by purchase or otherwise and whether patented or not and such improvements and letters patent if any shall be deemed to be comprised within this security and the mortgagor will execute all documents and do all things necessary to extend the operation of this security to all such improvements or letters patent. And that during the continuance of this security the mortgagor will not without the consent of the mortgagee first had and obtained amend or apply for leave to amend the specifications to the said letters patent or either of As to applica- them in any way whatsoever. And lastly that it shall be lawful for the mortgagee if the monies secured hereby shall not have been repaid within one year from the expiration of the term of fourteen years for which the said letters patent Communication of improvements. As to amendments. tion for extension. were originally granted to apply for an extension of such term in his own name or in the name of the mortgagor or of both of them as he shall think fit and the mortgagee shall do all acts and things and execute all documents and prepare all accounts necessary for such application. And it is hereby declared that Transmission except where the context requires a different interpretation, each of the expressions" the mortgagor" and "the mortgagee' shall whenever used herein be also applicable as far as possible to the executors administrators and assigns of the person designated thereby. In witness, &c. clause. |