ployer; has his wages increased in consequence of the useful result of the experiments; makes the article invented, and permits his employer to use it, no compensation for its use being paid or demanded, and he then obtains a patent, these facts will justify a presumption of a license to use the invention. [M'Clurg et al. v. Kingsland et al., 1 Howard, 203.

26. Such an unmolested and notorious use of the invention, prior to the application for a patent, will bring the case within the provisions of the seventh section of the act of 1839, ch. 88. [Ibid.

27. A description by an applicant for a patent of a machine, in which he sets forth his invention to be a combination of machinery, not giving notice that he claims any part as new, is a dedication of that part to the public. [Batten v. Taggert, 2 Wallace, 101.

28. After such patent has passed into public use, the dedication cannot be revoked by surrender and re-issue of the patent, nor otherwise; neither the 13th section of the act of 1836, nor the 7th section of the act of 1837, relating to amending of patents, authorizing a new patent for an invention different from that originally patented. [Ibid.

X. Assignments of Letters Patent and Patent Rights.

1. The act of 1836, ch. 357, sect. 11, relating to the recording of assignments of patents, is merely directory for the protection of bona fide purchasers without notice, and does not require the recording

of an assignment within three months as a prerequisite to its validity. Pitts v. Whiteman, 2 Story, 609.

2. A vendee of a patent right, in the bill of sale, described the machine thus: "One machine for cutting, making, and manufacturing combs, like the machines which I use and improve, and such as I have a patent right for." It was held that this latter clause did not amount to a covenant on the part of the vendor that he had a valid patent right. [Bull v. Pratt, 1 Conn., 342.

3. A patentee of friction matches, by a deed under seal, undertook as follows: "To grant, bargain, sell, convey, assign, and transfer to B., his executors, administrators, and assigns, the right and privilege, hereinafter mentioned, of making, using, and selling the friction matches," patented, and to have and to hold "the right and privilege of manufacturing the said matches,” and “to employ in and about the same six persons, and no more, and to vend the said matches in any part of the United States." It was held, that this was a license or authority from the patentee, and need not be recorded in the Patent Office, under the patent act of 1836, ch. 357, sect. 11. [Brooks v. Byam, 2 Story, 525.

4. A license need not be recorded in the Patent Office, unless there be some positive provision of the patent act, which renders it an indispensable prerequisite to its validity. [Ibid.

5. The recording within three months, accord

ing to the statute, is merely directory; and any subsequent recording of an assignment will be sufficient to pass the title to the assignee, except as to intermediate bona fide purchasers, without notice. [Ibid.

6. The patent act of 1836, ch. 357, sect. 11, provides for the recording of three kinds of assignments, and of no others; first, an assignment of the whole patent; secondly, an assignment of any undivided part thereof; and, thirdly, a grant or conveyance of the exclusive right under the patent within any specified part of the United States. [Ibid.

7. It was held, that the right granted by the above deed was a license or authority, coupled with an interest in the execution, to the grantee, and six others, to be employed by him in making matches; that the right was an entirety, incapable of being apportioned or divided among dif ferent persons; that, therefore, an assignment by B., of a right to make as many matches as one person could roll up, was void. [Ibid.

8. Quære? If the license is not such a personal privilege that the entirety cannot be assigned, notwithstanding it was given to B. and his assigns. [Ibid.

9. A contract may be made to convey a future invention, as well as a past one, and for any improvement or maturing of a past one. [Nesmith v. Calvert, 1 Woodbury, 34.

10. Under the act of 1836, the patentee may as

sign any part of his right. [Boyd v. M'Alpen, 3 M'Lean, 427.

11. If not recorded, a subsequent assignee, without notice, would hold. [Ibid.

12. Where a transfer of certain specified privileges, part of larger privileges secured by patent right, does not confer a legal title to the whole, or to an undivided portion of the right, nor grant the entire or exclusive right within a specified part of the United States, a suit for an infringement of one of the privileges conferred is properly brought at law in the name of the original holder. [Blanchard v. Eldridge, 3 Wallace, (in press.)

13. For example, B., having a patent for turning irregular forms generally, grants to C. the full and exclusive license, rights, and permission to use it for turning shoe-lasts. D. having infringed the patent by turning shoe-lasts, it was held that suit for the infringement was properly brought at law in B.'s name. [Ibid.

XI. Patents Issued to Aliens and Foreigners.

1. A patent obtained by an alien upon an oath, ignorantly or inadvertently made, that he is a citizen of the United States, is void; and not voidable only. The true representation of citizenship is a condition precedent to the issue of the patent. [Mini's Assignee v. Adams, 3 Wallace, (in press.)

2. Such a mistake does not fall within such "defective or insufficient description or specification" as will allow the Commissioner, under section

13th of the patent act of July 4, 1836, to receive a surrender of the old patent and grant a "re-issue." [Ibid.

3. Neither has that officer any such inherent or judicial power as will, independently of the act, enable him to grant a re-issue in correction of the applicant's mistake; nor power of any kind to grant an original patent eight years after the invention patented had been in public use. [Ibid.*

*Note. This is a peculiar case, and having a general bearing, it is given here at some length. It will serve as a precedent, and a warning to those who are or may be similarly circumstanced hereafter. Mr. Mini states, "I have been a resident of the United States for almost thirty-seven years. I have all that time been engaged in the pursuit of industry here, have acquired some property and owned and occupied for thirty years the house which is my present home. Here I have married and reared a large family, and now reside among my children and grand-children in Philadel phia, Pennsylvania. During all that time I have never been engaged in any public or private controversy, but in peace and order have rendered, and to the end of my life shall continue to render, this country of my adoption, an undivided allegiance and affection. I was, as above intimated, not born in the United States, but in Paris, France, and brought up to the trade of a colourist. In 1796, at the age of about fifteen years, I was forced from my father's house, and compelled, as a conscript, to join the French army. I served under the republic and empire till the fall of Napoleon. I fought at Friedland, Eylau, and Moscow, but not at Waterloo. After the restoration, believing myself unsafe in France, I determined to leave her forever, and settle in these States. For this purpose I procured a passport, the original of which is in my possession, and can be seen. For the sake of form it was dated June 14th, but not received till June 20th, 1815. The passport was respected till my arrival at Bordeaux, though the name of the emperor was erased. At Bordeaux, supposing myself suspected