Manufacturing and Forming Companies.
If the patentee has a really good invention, often he cannot do better than to retain the patent and work it himself, in case he has the ability to do so. If he cannot conduct the manufacturing alone, he may be able to secure a partner with just sufficient funds, and equal common sense and business acumen, to add the necessary elements to the firm to achieve success.
In some cases, if the patentee does not wish to retain the whole patent for his own use, an excellent plan is to commence the manufacture of the invention in a suitable locality, and after the business is so far under way as to show progress and profit, then sell out the business with license under the patent. To illustrate: a gentleman in Illinois, having obtained a patent on a farming implement, succeeded in interesting a party in his own neighborhood to join with him in its manufacture, which soon proved successful and remunerative, and in a short time he was able to sell out his interest in the business to his partner, with license under the patent, after which the patenteep. 68started its manufacture in a number of places elsewhere, and, at the same time, granting licenses and selling territory in still other sections, where he was unable to work the invention. In this way he made a fair fortune from his invention, realizing about as much from each business established as he could have probably obtained for the entire patent if sold outright at first.
In this manner the patentee, with a valuable patent on an article of general usefulness, could go on and establish its manufacture in any number of places, and sell out with license under the patent. If the first experiment is successful, it is an easy matter to carry the method out in other places, and the business can be readily disposed of anywhere, if it can be shown to be on a paying basis.
To Organize Stock Companies
In recent years many inventors have been quite successful in organizing stock companies on the basis of their patents. This is considered one of the best ways for handling patents for large and promising inventions, and it is a method that any patentee, with ordinary business ability, should be able to carry out successfully, providing his invention is of sufficient merit and importance to form a suitable basis for a successful stock company.
Many stock companies are incorporated underp. 69the laws of New Jersey, but it is believed the State of West Virginia is also very favorable to corporations. The entire expense for incorporating a company under the laws of the latter State should not exceed $150. The company can be incorporated for any amount; large or small, one hundred dollars or five millions, cost and fees being the same. The incorporators need not be residents of the State. No annual statements required. The meetings of the directors can be held at any place, and need not be held in the State where the charter is granted.
Before applying for a charter for a corporation or stock company, the patentee should mention his plan to some of his friends and get five persons who will promise to subscribe for one or more shares of the stock and act as incorporators of the company.
Next he should secure the services of a reliable attorney, familiar with corporation laws, to prepare the necessary articles of incorporation and legal papers. The attorney will advise the patentee how to proceed properly in organizing his company, and as to the securing of the stock certificates, subscription blanks, seal, etc. These, including the attorney's fee, should not cost the patentee more than $50.
It is well to have some stationery printed with the proposed name of the company and businessp. 70displayed thereon; and also a prospectus published, setting forth the invention and the plans of the company for introducing it, etc.
Quite often the patentee can find enough idle capital in his immediate neighborhood to float a good portion of the stock. Capital is more easily secured by the formation of a stock company than by any other means, as people can subscribe for small or large amounts, and they often prove good investments.
In soliciting subscriptions for stock, it is desirable to get as many prominent and influential men to buy one or more shares at first to head the list—their names will be a great aid in making further sales. Ordinarily the promoter only collects ten per cent, of the amount subscribed, the balance being subject to the call of the board of directors.
After it is ascertained that the shares or stock are being rapidly subscribed for and selling fully up to expectation, the patentee can have the incorporators sign the charter application and have the attorney file it with the proper State authorities. This will cost the patentee about $100 more, for State tax, attorney fees, etc.
When sufficient stock has been subscribed for, a meeting of the stockholders should be called to elect directors, and to transact such other business as may be deemed necessary in regard top. 71locating and building the plant and getting the company in shape.
The patentee should receive about one-half the capital stock in consideration of his transferring his rights and franchises to the corporation, the remainder of the stock is sold for the benefit of the company to create a working capital. The patentee may sell a portion of his stock, if he desires, but should also retain a good portion of it to show his own confidence in the business.
After the meeting of the stockholders, the direction of the business will probably be taken out of the hands of the inventor, and the control will lie in the board of directors of the company. As a rule it is better that the inventor does not take an active part in the management of the company's affairs, unless he is specially fitted for the position.
If the company is provided with ample capital, and if the business manager is a competent man, there is little chance of failure if the invention has real merit.
Trading as a Last Resort.
Patentees are sometimes offered securities or other property in trade for a patent. It is not deemed a wise course by most inventors to consider any proposition for a trade, especially in the early life of a patent. Only as a last resort, after failing to realize from a patent by any other means, is itp. 72advisable to trade a patent; and, before finally agreeing upon a trade, the patentee should have a reputable attorney to look fully into the value and title of the property offered. He should also insist upon receiving an abstract of title, or a title guarantee from a reliable title insurance company.
Unless known to himself, the patentee should never engage the services of an attorney or broker recommended by the parties offering the trade to look into the value and title of the property. Inventors should be on the lookout for a set of sharpers who make a business of offering worthless securities and property in exchange for patents.
p. 73
The geographical nearness of Canada to the United States, and the intimate commercial relations existing between the two countries, render Canada, in one sense, a part of the industrial market of America; and owing to its liberal patent laws, which are based closely upon our own, inventors generally find it advantageous to protect their interests in this country, which can be done from time to time by a very small outlay, and thus giving the inventor the advantage of disposing of his patent or dropping it if not found remunerative, before expending the total cost of the patent.
The commercial and manufacturing interests of Canada are extensive, increasing yearly, and are closely knit with our own. If the invention is not protected in Canada, it is sometimes manufactured there and sent here without paying royalty to the inventor.
Copies of the "Rules and Forms of the Canadian Patent Office" and "The Patent Act" can be obtained upon application to the Hon. Commissioner of Patents, Ottawa, Canada. Section 8 of the Patent Act, revised May, 1898, provides:
"Any inventor who elects to obtain a patent for his invention in a foreign country before obtaining a patent for the same invention in Canada, mayp. 74obtain a patent in Canada, if the same be applied for within one year from the date of the issue of the first foreign patent for such invention; and,
"If within three months after the date of the issue of a foreign patent, the inventor give notice to the Commissioner of his intention to apply for a patent in Canada for such invention, then no other person having commenced to manufacture the same device in Canada during such period of one year, shall be entitled to continue the manufacture of the same after the inventor has obtained a patent therefor in Canada, without the consent or allowance of the inventor."
The Patent Act as amended does not now require a Canadian patent to expire at the earliest date at which a foreign patent for the same invention expires.
Under the section just cited the patentee has three months, after the issue of his patent, within which to protect his interests in Canada. If within these three months he has not sufficiently demonstrated the commercial value of his home patent, and the advisability of taking out a Canadian patent, he is advised to give notice to the Commissioner of Patents, Ottawa, of his intention of doing so, which will fully protect his interests for one year, as under the above provision; and if the patentee fail to give this formal notice, he cannot obtain redress from any person who hasp. 75commenced to manufacture his invention in Canada during the year.
There is also an advantage sometimes in giving this formal notice within three months and delaying the grant of the patent for one year, as the patentee is allowed to import the patented article into Canada during one year only, after the grant of the Canadian patent.
The construction or manufacturing of the invention in Canada must be commenced within two years from the date of the patent, and continuously carried on from that time, though the extension of this time may be secured upon timely application to the Commissioner, giving any good and proper reason. The time for importation is also sometimes extended upon proper application.
Canadian patents are granted originally for a term of eighteen years, the Government fee being $60 for the eighteen years, but at the election of the patentee this fee may be divided into three payments of $20 each, as follows: $20 at the time of the grant, $20 at the expiration of the sixth year, if the owner desires to keep the patent alive, if not he can allow the patent to become forfeited; and at the end of the twelfth year, if it is still desired to maintain the patent, the remaining fee of $20 may be paid. If the patentee in the meantime assigns his patent, the assignee will pay the required government fees at the end of the sixthp. 76and twelfth years, if it is desired to maintain its validity.
The Canadian patent covers and affords full protection in the following provinces:
Provinces.AreaSq. Miles.Population1911Alberta253,000372,919British Columbia390,000362,768Manitoba72,870454,691New Brunswick28,000351,815Nova Scotia20,600461,847Ontario222,0002,519,902Prince Edward Island2,00093,722Quebec347,0002,000,697Saskatchewan250,000453,508Northwest Territories1,922,75010,000Yukon200,000———Total3,708,2207,081,869
Selling Canadian Patents.
In selling Canadian patents, the patentee will proceed in much the same way as in the United States, though he cannot expect, nor should he ask, more than about one-third as much for the Canadian patent as he receives, or expects, from the United States patent. Patents are not as readily sold in Canada as here, but if the inventor has a useful invention of merit, which is being manufactured profitably in the United States, he will have no trouble in disposing of his Canadian patent at a satisfactory price.p. 77
It is in nearly all cases advisable for the inventor to first put his invention upon the market in the United States before trying to realize from his Canadian interests, as it will be found difficult to interest Canadian capital in a patent that has not been first put into practice here; and if the patentee be able to dispose of his Canadian patent at all, it is usually for a very insignificant sum; whereas, on the other hand, if the patentee fully protects his interests there, and proceeds to put the invention upon the home market, he will not only be able to present his Canadian patent in a more favorable and forcible way by proving its commercial value, but he will undoubtedly get better offers, and realize full value for his Canadian interests, in exact proportion to the success of his invention in the United States.
p. 78
(Compiled from the Census of 1911)
p. 79
The following digest will be found to contain much useful information for the patentee, it being a carefully selected list of decisions affecting assignments, territorial grants, licenses, State laws, etc.; including those rendered by the Supreme Court of the United States, the Circuit Court of Appeals, State Courts, and of various Commissioners of Patents, all of which decisions enunciate well-settled and controlling principles of Patent Law.
Assignments.
Assignments of patents are not required to be under seal. The statutes simply provide that "every patent, or any interest therein shall be assignable in law by an instrument in writing." (Gottfriedvs.Miller, U. S. S. C. Decided Jan. 23, 1882.)
A contract assigning a patent and all future improvements thereon is enforceable against assignees of such improvements who take notice of the contract. (Westinghouse Air Brake Co.vs.Chicago Brake and Mfg. Co., 85 F. R., 786.)
Each co-owner of a patent may use his rightp. 80without the concurrence of the others and license at will. (Washburn & Moen Co.vs.Chicago Wire Fence Co., 109 Ill., 71.)
Owners of a patent are tenants in common, and each, as an incident of his ownership, has the right to use the patent or manufacture under it. But neither can be compelled by his co-owner to join in such use or work, or be liable for the losses which may occur, or to account for the profits which may arise from such use. (De Wittvs.Elmira Nobles Mfg. Co., 12 N. Y. Spur., 301.)
Joint owners of a patent, right are not copartners, and in the absence of any express contract each is at liberty to use his moiety as he may think fit, without any liability to or accounting to the other for profits or losses. (Vosevs.Singer, 4 Allen (Mass.), 226; vide Pitt vs. Hall, 3 Blatch., 201.)
Although an assignment of patent is not recorded within three months, it is binding on the assignor, and he cannot sell the patent again. (Ex parte Waters, Com. Dec., 1899, p. 42.)
A verbal license or interest in an invention has no effect as against a subsequent assignee without notice of such verbal license or interest. (U. S. S. C., Gates Iron Worksvs.Fraser et al., 1894, C. D., 304.)
An assignment to assign future patents, in consideration of the assignee's paying the expense ofp. 81taking them out, is broken by his refusal to pay for and take out a particular patent when requested, and a subsequent assignment to another conveys a perfect title. (Buckvs.Timony, 78 Fed. Rep., 487.)
Any assignment which does not convey to the assignee the entire and unqualified monopoly which the patentee holds in the territory specified, or an undivided interest in the entiremonopoly,is a mere license. (Sanfordvs.Messer, 2 O. G., 470.)
When a party does license, grant, and convey any invention which he may hereafter make, this gives only an equitable right to have an assignment made, and this right may be defeated by assignment of the patent to a purchaser for value without notice of this equity. (Regan Vapor Engine Co.vs.Pacific Gas Engine Co. (Nineth Cir.), 7 U. S., App., 73.)
Territorial Grants.
A territorial grantee cannot be restrained from advertising and selling within his territory, even though the purchasers may take the patented article outside the vendor's territory. (Hatchvs.Hall, 22 Fed. Rep., 483.)
One who buys patented articles of manufacture from an assignee for a specified territory becomes possessed of an absolute property in such articles, unrestricted in time or place. (U. S. S. C., Keller et al.vs.Standard Folding Bed Co., 71 O. G., 451.)p. 82
The sale of a patented machine by one authorized to sell, conveys the whole ownership to the purchaser, who may sell it again to another. (Morgan Envelope Co.vs.Albany Perforated Wrapping Paper Co., 152 U. S. 425.)
Licenses.
Every person who pays the patentee for a license to use his process becomes the owner of the product, and may sell it to whom he pleases, or apply it to any purpose, unless he binds himself by covenants to restrict his rights of making and vending certain articles that may interfere with the special business of some other licensee. (Met. Washing Machine Co.vs.Earl, 2 Fish., 203; 2 Wall., Jr., 230.)
A license is not forfeitable for non-payment of royalties in the absence of express provisions to that effect. (Wagner Typewriter Co.vs.Watkins, 84 Fed. Rep., 57; 1898.)
A shop right is a personal license and is not assignable. (Gibbsvs.Hoefner, 19 Fed. Rep., 323; 22 Blatch., 36.)
A license to a person to use an invention only "at his own establishment" does not authorize a use at an establishment owned by him and others. (Rubber Co.vs.Goodyear, 9 Wallace, 788.)
A license is not transferable unless its terms so state. (Olmervs.Rumford Chemical Co., 109 U. S., 75.)
A license merely to make and not to sell doesp. 83not impair the patent owner's right to sue for infringement outside of the license; and the purchaser of the licensee's tools and materials would not carry the right to sell the product made thereon. (American Graphophone Co.vs.Walcut, 87 Fed. Rep., 556; 1898.)
A license to use a machine carries with it the right to repair the machine, and replace worn parts until the essential original parts of the machine have disappeared. (Robinson on Patents, Sec. 827.)
A lawful sale of a patented article by a patentee or grantee, within his own territory, carries with it the right to use such article throughout the whole United States. (Adamsvs.Burke, 5 O.G., 118;Hobbievs.Smith. 27 Fed. Rep., 636.)
When an applicant in certain instruments assigned his right, title, and interest in an invention, retaining for himself the exclusive right to employ the invention in the manufacture of a certain class of machines, Held, that such instruments do not convey the entire interest in the invention or any undivided part thereof, and they are construed to be nothing more than licenses. (Ex parte Rosback, 89 O. G., 705. Decided Oct. 5, 1899.)
An implied license to use a patented improvement without payment of any royalties during the continuance of employment of the inventor, andp. 84thereafter, on the same terms and royalties fixed for other parties, is shown where the inventor applies the patent to his employer's work without any agreement for compensation for its use further than a notice that he would require pay after his employment terminated. (Keysvs.Eureka Consol. Min. Co., U. S. S. C., 158 U. S., 150.)
A breach of a covenant in a license does not work a forfeiture of the license unless it is so expressly agreed. (Consol. Middlings Purifier Co.vs.Wolf, 37 O. G., 567.)
Patent Title.
A patent right, like any other personal property, is understood by Congress to vest in the executors and administrators of the patentee, if he dies without having assigned it. (Shaw Relief Valve Co.vs.City of New Bedford, 19th Fed. Rep., 758.)
A patent to a dead man at the time of its grant is not void for the want of a grantee, but vests in his heirs or assigns. (U. S. S. C, De La Vergne Ref. Machine Co.vs.Featherstone, 1893, C. D., 181.)
A court of equity may direct a sale of an inventor's interest in his patent to satisfy a judgment against him, and will require the patentee to assign as provided in Rev. Stat., Sec. 4898, and if he refuses, will appoint a trustee to make the assignment. (Murrayvs.Ager, 20 O. G., 1311.)
A patent right cannot be seized and sold on execution. (Carvervs.Peck, 131 Mass., 291.)p. 85
A receiver cannot, under his general powers, convey the legal title to a patent (Adamsvs.Howard, 23 Blatch., 27), but a court may compel an insolvent to assign his patent to a trustee or receiver. (Pacific Bankvs.Robinson, 20 O. G., 1314;Murrayvs.Ager, 20 O. G., 1311.)
A patentee who assigns his patent cannot, when sued for infringement, contest the validity thereof. (Griffithvs.Shaw, 89 Fed. Rep., 313.)
RULES OF PRACTICE
The following from the "Rules of Practice in the United States Patent Office" may be perused with interest to the patentee; a copy of which, together with a copy of the "Patent Laws," will be mailed free to any person upon addressing the Hon. Commissioner of Patents, Washington, D. C., requesting the same; these being the only books or pamphlets published by the Office for gratuitous distribution.
Assignments.
Every patent or any interest therein shall be assignable in law by an instrument in writing; and the patentee or his assigns or legal representatives may, in like manner, grant and convey an exclusive right under the patent to the whole or any specified part of the United States. Interests in patents may be vested in assignees, in grantees of exclusive sectional rights, in mortgagees, and in licensees.p. 86
Assignees.
An assignee is a transferee of the whole interest of the original patent or of an undivided part of such whole interest, extending to every portion of the United States. The assignment must be written or printed and duly signed.
Grantees.
A grantee acquires by the grant the exclusive right under the patent to make and use and to grant to others the right to make and use, the thing patented within and throughout some specified part of the United States, excluding the patentee therefrom. The grant must be written or printed and be duly signed.
Mortgages.
A mortgage must be written or printed and duly signed.
Licensees.
A licensee takes an interest less than or different from either of the others. A license may be oral, written, or printed, and if written or printed, must be duly signed.
Must be Recorded.
An assignment, grant, or conveyance of a patent will be void as against any subsequent purchaser or mortgagee for a valuable consideration without notice unless recorded in the Patent Office within three months from the date thereof. If any such assignment, grant, or conveyance of any patent shall be acknowledged before any notary public of the several States or territories, or the District of Columbia,p. 87or any commissioner of the United States Circuit Court, or before any secretary of legation, or consular officer authorized to administer oaths or perform notarial acts under Section 1750 of the Revised Statutes, the certificate of such acknowledgment, under the hand and official seal of such notary or other officer, shall beprima facieevidence of the execution of such assignment, grant, or conveyance.
No instrument will be recorded which does not, in the judgment of the Commissioner, amount to an assignment, grant, mortgage, lien, encumbrance, or license, or which does not affect the title of the patent or invention to which it relates. Such instruments should identify the patent by date and number; or, if the invention is unpatented, the name of the inventor, the serial number, and date of the application should be stated.
Conditional Assignments.
Assignments which are made conditional on the performance of certain stipulations, as the conditional payment of money, if recorded in the office are regarded as absolute assignments until cancelled with the written consent of both parties, or by the decree of a competent court. The office has no means for determining whether such conditions have been filled. (Rev. Stat., Sec. 4898.)p. 88
STATE LAWS ON SELLING PATENTS
In some States, laws have been passed by which attempts have been made to regulate or prevent the sale of patent rights within their borders, by imposing upon patentees or their agents certain State restrictions, such as requiring the filing of copies of patents, making and filing proofs, taking out licenses, procuring certificates, complying with forms, or prescribing the terms of a note to be given for a patent.
While it has never been squarely brought before the United States Supreme Court, with the result that much conflicting legislation has been enacted by the different States, it may be said, as a general proposition, that a State or municipality, through the medium of its Legislature or officials, has no constitutional right to make or enforce laws which in any way affect or control the transfer, sale, or other disposition of United States Letters Patent; or to interfere in any manner with the patentee going into the open market anywhere to sell his rights conferred by the patent.
It is a well-established principle of law that Congress has exclusive right and power to legislate on the subjects specially assigned to it by the Constitution, while power is delegated to the several States to legislate on those subjects notp. 89thus expressly placed within the control of Congress. It would seem clear that there can be no State interference with the rights which are incident to the grant of Letters Patent and expressly conferred thereby.
Ohio was the first State attempting to place restrictions upon the handling of patent rights, which, in 1868, passed an act requiring any person, before offering for sale a patent right in any county, to submit the patent to the Probate Judge of the county, and make affidavit before said judge that the patent was in force, and that the applicant had the right to sell, and also requiring that any written obligation taken on the sale of such right should bear on its face the words, "Given for a Patent Right."
The portion of the Ohio statute relating to the making and filing proofs was subsequently made the law in Illinois, Minnesota, Indiana, Nebraska, and Kansas, while the requirement that written obligations given for a patent right should bear such statement written upon its face was made the law in Vermont, Michigan, Pennsylvania, Wisconsin, New York, Connecticut, and Arkansas.
In view of the decisions rendered by the Supreme Court of the United States in the cases ofex parteRobinson, 2 Bissel, 309, and Webbervs.Virginia, 103 U. S., 347; 20 O. G., 136, some of the States repealed their statutes relating to thep. 90filing of proofs, while others did not—notably Indiana and Kansas, where the statute still remains in force.
While the Supreme Court in the above cases did not decide the constitutionality of the State statutes, it was clearly indicated that property in inventions existed by virtue of the laws of Congress, and that no State had any right to interfere with its enjoyment, or to annex conditions to the grant, and that the patentee had a right to go into the open market anywhere in the United States and sell his property. It also established the proposition that a State may require the taking out of a license for the sale of the manufactured article covered by the patent; and the patentee should keep in mind the distinction between selling patents, or patent privileges, and the selling of goods or manufactured articles, as all who sell goods, whether patented or not, must conform with the local and State laws relating to same.
The statute requiring the insertion in written obligations of the words, "Given for a Patent Right," has been declared unconstitutional by the higher State Courts in Illinois, Michigan, Minnesota, and Nebraska, and by the Circuit Courts in the southern district of Ohio, and in the district of Indiana; while its validity has been sustained by the courts of last resort in New York, Pennsylvania, Ohio, Indiana, and Kansas. Therefore, thep. 91validity of the State statutes on the point referred to may be regarded as finally established in the last-named States until brought before the Supreme Court of the United States.
p. 92
It frequently occurs to the patentee that a knowledge of the legal requirements of the transfer of patent rights would save him much time and trouble. Patentees should carefully scrutinize all papers offered by the parties in whose favor they are drawn, and, if possible, he should have his attorney to examine them.
There are three classes of persons in whom the patentee can vest an interest of some kind. They are an assignee, a grantee of an exclusive sectional right, and a licensee.
Assignee, Grantee, and Licensee Defined.
"Anassigneeis one who has transferred to him in writing the whole interest in the original patent, or any undivided part of such whole interest in every portion of the United States. And no one, unless he has such an interest transferred to him, is an assignee.
"Agranteeis one who has transferred in writing the exclusive right under the patent, to make and use, and to grant to others to make and use, the thing patented, within and throughout somep. 93specified part or portion of the United States. Such right must be an exclusive sectional right, excluding the patentee therefrom.
"Alicenseeis one who has transferred to him in writing, or orally, a less or different interest than either the interest in the whole patent, or an undivided part of such whole interest, or an exclusive sectional interest." (Pottervs.Holland, 1 Fish, 327.)
The Language of Law.
If a man were to give another an orange he would simply say, "I give you this orange"; but if the transaction be intrusted to a lawyer to draw up according to the requirements of law, says theObserver, he would most probably put it in the following language: "I hereby give, grant, and convey to you all my interest, right, title, and advantage of and in said orange, together with its rind, skin, juice, pulp, and pits, and all right and advantage therein with full power to bite, suck, cut, or otherwise eat the same or to give the same away, as fully and effectually as I, the said A. B., am now entitled to cut, bite, or otherwise eat the same, or give away the same with or without the rind, skin, juice, pulp, or pits; anything hereinbefore or hereafter or in any other deed or deeds, instruments of nature or kind whatsoever to the contrary in anywise notwithstanding."
It is always better and more satisfactory top. 94have assignments, royalty contracts, agreements, etc., drawn up specially to accord with the facts, details, and covenants of each particular case; and there is no one probably better able to do this than the attorney who secured the patent. However, if in the case the parties to the transaction cannot well delay proceedings to have the papers prepared by an attorney, by adhering to the following forms in any such transactions, both the purchaser and seller may rest assured that their rights are protected.
ASSIGNMENT OF ENTIRE INTEREST INLETTERS PATENT
Whereas, I, Richard Doe, of Columbus, County of Franklin, State of Ohio, did obtain Letters Patent of the United States for an improvement in Typewriting Machines, which Letters Patent are numbered 000,000, and bear date January 1, 1901; and whereas I am now sole owner of said patent, and of all rights under the same; and whereas the Ohio Typewriter Company, a corporation, of Cincinnati, County of Hamilton, and State of Ohio, is desirous of acquiring an interest in the same:
Now, therefore, to all whom it may concern, be it known, that for and in consideration of the sum of five thousand dollars to me in hand paid by the aforesaid corporation, the receipt of whichp. 95is hereby acknowledged, I, the said Richard Doe have sold, assigned, and transferred, and by these presents do sell, assign, and transfer unto the said Ohio Typewriter Company, its successors and assigns, the entire right, title and interest in and to said Letters Patent and the invention therein patented; the same to be held and enjoyed by the said corporation for its own use and behoof, and for the use and behoof of its successors and assigns, to the full end of the term for which said Letters Patent are or may be granted, as fully and entirely as the same would have been held and enjoyed by me had this assignment and sale not been made.
In testimony whereof, I have hereto set my hand and affixed my seal, at Columbus, County and State aforesaid, this tenth day of January, A.D. 1901.
Richard Doe.(Seal.)
In the presence of
John Smith,
Thos. Jones.
Subscribed and acknowledged before me this tenth day of January,a.d.1901.
Seal.
John Rice,Notary Public.
p. 96
If it is the intention of the assignor to convey to the assignee the right to recover for past infringement of the patent, a clause like the following should be added:
And for the same consideration, I do hereby sell, assign and transfer unto the aforesaid corporation, all claims and demands, both at law and in equity, which may have accrued to me by reason of the infringement of the aforesaid Letters Patent with the right to sue and recover therefor in its own name and for its own use and behoof.
ASSIGNMENT OF AN UNDIVIDED INTEREST
Whereas, I, Richard Doe, of Philadelphia, County of Philadelphia, State of Pennsylvania, did obtain Letters Patent of the United States for improvements in Locomotive Headlights, which Letters Patent are numbered 000,000, and bear the date of June 26, 1900; and whereas, John Roe, of Philadelphia, County of Philadelphia and State of Pennsylvania, is desirous of acquiring an interest in the same:Now, therefore, this indenture witnesseth, that for and in consideration of the sum of one thousand dollars to me in hand paid by said John Roe, the receipt of which is hereby acknowledged, I do hereby sell, assign, and transfer unto the said John Roe, his heirs and assigns, one undivided one-half interest in and top. 97the aforesaid Letters Patent and the invention therein patented; the same to be held and enjoyed by the said John Roe, his heirs and assigns to the full end of the term for which said Letters Patent are or may be granted as fully and entirely as the same would have been held and enjoyed by me if this assignment and sale had not been made.
And I do hereby declare that I have not conveyed to any other party the rights and interest herein transferred to the said John Roe.
Witness my hand and seal this tenth day of January,a.d.1901,
Richard Doe.
In the presence of
John Smith,
Thos. Jones.
Subscribed and sworn before me this tenth day of January,a.d.1901.
Seal.
John Rice,Notary Public.
GRANT OF A TERRITORIAL INTEREST
Whereas, I, Richard Doe, of Dayton, County of Montgomery, State of Ohio, did obtain Letters Patent of the United States for improvep. 98ments in Corn-Cultivators, which Letters Patent are numbered 000,000, and bear date the first day of January, 1901, and whereas, I am now the sole owner of said patent, and of all rights under the same in the below-recited territory; and whereas, John Roe, of Indianapolis, County of Marion, State of Indiana, is desirous of acquiring an interest in the same;
Now, therefore, to all whom it may concern, be it known, that for and in consideration of the sum of one thousand dollars to me in hand paid, by the said John Roe, the receipt of which is hereby acknowledge, I, the said Richard Doe, have sold, assigned, and transferred, and by these presents do sell, assign and transfer unto the said John Roe, his heirs and assigns, the entire right, title and interest in and to said Letters Patent, and in and to the invention therein patented for the States of Indiana and Illinois, and in no other place or places; the same to be held and enjoyed by the said John Roe, his heirs and assigns, within and throughout the above specified territory, but not elsewhere, to the full end of the term for which said Letters Patent are or may be granted, as fully and entirely as the same would have been held and enjoyed by me had this assignment and sale not been made.
In testimony whereof, I have hereunto set my hand and affixed my seal this tenth day of Janup. 99ary,a.d.1901, in the presence of the subscribing witnesses.
Richard Doe.
In the presence of
John Smith,
Thos. Jones.
On this tenth day of January,a.d.1901, personally appeared before me Richard Doe, to me known and known to me to be the individual who executed the foregoing instrument, and who acknowledged to me that he executed the same for the purpose therein expressed.