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(255.) Form of Assignment of the Entire Interest in Letters Patent before obtaining the same, and to be
Recorded preparatory thereto. Whereas I,
in the County of and State of have invented certain new and useful improvements in ploughs, for which I am about to make application for letters patent of the United States; and whereas
has agreed to pur chase from me all the right, title, and interest which I have, or may have, in and to the said invention, in consequence of the grant of letters patent there. for, and has paid to me, the said
the sum of five thousand dollars, the receipt of which is hereby acknowledged: Now this indenture witness«:th, that for and in consideration of the said sum to me paid, I have assigned und transferred, and do hereby assign and transfer, to the said the full and exclusive right to all the improvements made by me, as fully set forth and described in the specification which I have prepared and executed under date of
preparatory to the obtaining of letters patent therefor. And I do hereby authorize and request the Commissioner of Patents to issue the said letters patent to the said
as the assignee of my whole right and title thereto, for the sole use and behoof of the said
and his legal representatives. In Testimony Whereof, I have hereunto set my hand and affixed my seal this
(Signature.) (Seal.) Executed and Delivered in Presence of
in the County of and State of
did obtain letters patent of the United States for which letters patent bear date
and are numbered. (If the assignment is made by an assignee add, and whereas
is now sole owner of said letters patent, or of a one-half interest in said letters patent as the case may be.) And Whereas
is desirous of acquiring an interest therein : Now this indenture witnesseth that in consideration of the sum of in hand paid, the receipt of which is hereby acknowledged, I, the said have assigned, sold, and set over, and do by these presents assign, sell, and set over unto the said
all (or one-half, as the case may be) the
right, title, and interest I have in and to the said letters patent and the invention thereby secured. The same to be held and enjoyed by the said
for his own use and behoof, and for the use and behoof of his legal representatives to the full end of the term for which said letters were 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 day of
(Signature.) (Seal.) Sealed and Delivered in Presence of
(256.) Form of a Grant of a Territorial Right in a Patent. Whereas I,
in the County of and State of
did obtain letters patent of the United States for which letters patent bear date the 19; and whereas
is desirous of acquiring an interest therein; Now this indenture witnesseth, that for and in considera. tion of the sum of two thousand dollars, to me in hand paid, the receipt of which is hereby acknowledged, I have granted, sold, and set over, and do hereby grant, sell, and set over, unto the said all the right, title, and interest which I have in the said invention, as secured to me by said letters patent, for, to, and in the several States of New York, New Jersey, and Pennsylvania, and in no other place or places; the same to be held and enjoyed by the said
for his own use and behoof, and for the use and behoof of his legal representatives, to the full end of the term for which said letters-patent are granted (if it is intended to grant for any
extended term, then add -- and for the term of any extension thereof), as fully anıl entirely as the same would have been held and enjoyed by me had this grant and sale not been made. In Testimony Whereof, I hereunto set my hand and affix my seal this
(Signature.) (Seal.) Sealad and Delivered in Presence of
The patentee or any assignee of the patent or of any undivided interest therein may license others to practice the invention to any extent, and the grantee of a territorial interest may do the same within the limits of the territory granted to him.
Such licenses should be made in writing, but this is not absolutely essential.
The statute does not require that licenses should be recorded although it is common to do so.
No special form is prescribed for licenses, and their terms will vary according to the special contract between the parties.
The following forms, however, may be useful as guides :
License – Shop right. In cons, .eration of the sum of fifty dollars paid by the firm of S. J. & Co., of L., in the county of M. and State of N., I do hereby license - and empower the said S. J. & Co., to manufacture in said L., the improvement in cotton seed planters, for which letters patent of the United States No. 71,846 were granted to me, November 13, 19 and to sell the machines so manufactured throughout the United States, to the full end of the term for which said letters patent are granted. Signed at L. aforesaid this 22d day of April, 19
License-not Exclusive-with Royalty. This agreement, made this 12th day of September, 1900, between A. B. of L., in the County of M. and State of N., party of the first part, and C. D. & Co. of O., in the County of R. and State of S., party of the second part, witnesseth, that whereas letters patent of the United States No. 87,540, for an improvement in horse rakes, were granted to the party of the first part, dated October 4, 19
and whereas the party of the second part is desirous of manufacturing horse rakes containing said patented improvement. Now therefore the parties have agreed as follows:
1. The party of the first part hereby licenses and empowers the party of the second part, subject to the conditions hereinafter named, to the end of the term for which said letters patent were granted, to manufacture horse rakes containing the patented improvements and to sell the same within the United States.
2. The party of the second part agrees to make full and true returns to the party of the first part, upon the first days of July and January in cach year, of all horse rakes containing the patented improvement manufactured by them.
3. The party of the second part agrees to pay to the party of the first part five dollars as a license fee upon every horse rake manufactured by said party of the second part containing the patented improvements, said pay. ments to be made within ten days after the days above provided for the semiannual returns.
Upon failure of the party of the second part to make returns or to make payment of license fees, as herein provided for, thirty days after the days herein named, the party of the first part may terminato this license by serving a written notice upon the party of the second part; but the party of
the second part shall not thereby be discharged from any liability to the party of the first part for any license fees due at the time of the service of said notice.
In witness whereof the parties above named have hereunto set their hands the day and year first above written.
THE OFFICE FEES, AND HOW PAYABLE. Nearly all the fees payable to the Patent Office are positively required by law to be paid in advance. For the sake of uniformity and convenience, the remaining fees are required to be paid in the same manner; that is to say, before the labor is performed for which they are to be received in payment.
The following is the tariff of fees established by law: On filing application for design patent, 37 years, $10.00
15.00 14 years,
30.00 On filing an application for a patent for an invention, 15.00 On issuing each original patent for an invention,
20.00 On filing a disclaimer, On every application for a re-issue,
30.00 On filing an appeal from a primary examiner to examiners-in-chief,
10.00 On filing an appeal to the Commissioner from examin. ers-in-chief,
20.00 On depositing a trade-mark for registration, .
10.00 On every copy of a patent or other instrument, except copies of printed patents, for every 100 words,
.IO On every copy of drawing, .... the cost of having it made. For recording every assignment of 300 words or under, 1.00 For recording every assignment, if over 300 and not over 1,000 words,
2.00 For recording every assignment, if over 1,000 words, 3.00
Uncertified printed copies of the specifications and drawings
of any patent, and copies of the drawings of any patent if in print, are furnished by the Office at five cents each.
The final fee on issuing a patent must be paid within six months after the time at which the patent was allowed, and notice thereof sent to the applicant or his agent. And if the final fee for such patent be not paid within that time, the patent will be withheld, and the invention therein described become public property as against the applicant therefor, unless : he shall file a new application therefor within one year from the date of the allowance of the original application.
The money for the payment of fees may be paid to the Commissioner or deposited with an Assistant Treasurer of the United States, or other officer authorized to receive the same, taking his certificate, and remitting the same within ten days after the date thereof to the Commissioner of Patents, or it may be remitted by mail, preferably by bank draft, certified cheque or post office order payable to the Commissioner of Patents; and in every case, the letter should state the exact amount enclosed. Letters containing money should be registered.
TAKING AND TRANSMITTING TESTIMONY
In interferences and other contested cases, the testimony of witnesses is taken on oath by written depositions in the presence of a magistrate, by whom the questions and answers are written down and afterwards transmitted under seal to the Commissioner of Patents.
Due notice must be given by the party examining the witness to the other party, in order that he may be present personally or by attorney, and cross-examine
The rules established by the Office, in reference to the taking and transmitting of evidence in such cases, will be turnished gratis on application to the Commissioner.
THE DOMINION OF CANADA. The Patent Law of the Dominion of Canada in its leading principles and purpose resembles the law of the United States. The principal differences are as follows: