general faire le nécessaire, promettant l'avoir pour agreable et le ratifiant par avance.

Dont acte fait en l'étude, le

The following power, authorizing an attorney to prosecute an application for a patent, may be used for any European State:

ou à toute autre

En conséquence, présenter à Sa dite Majesté 1autorité compétente, toutes Demandes, Petitions et Requêtes; se présenter à tous Ministéres, Bureaux, Greffes et Commissions que besoin sera; signer et approuver toutes pieces descriptives; requérir tous procés-verbaux, contracter tous engagements; verser ou retirer toutes tauxes; en prendre quittance ou en donner décharge; faire toutes demandes de brevet d'addition ou de perfectionnement; les échanger ou retirer s'il y a lieu; consentir la radiation de toutes inscriptions; retirer également les titres définitifs ainsi que toutes les pieces y afférentes; signer tous actes ou proces-verbaux de désistement des priviléges d'Etranger: Prendre la parole et répondre pour le constituant à toutes réclamations qui pourront surgir relativement au Brevet dont il s'agit, pendant toute la durée de celui-ci. Aux fins sus énoncées, passer et signer tous actes, élire domiciles; substituer dans tout ou partie des présents pouvoirs, et dans les différent cas qui pourront se présenter, faire généralement tout ce qui sera utile pour arriver à l'obtention du privilège sus relaté, promettant le constituant avoir le tout pour agréable, et le ratifier au besoin.

signable in law by any instrument of writing. (Act of July 8, 1870, § 89.)

To be valid and operative, an assignment of an interest in a copyright must be in writing; but an agreement to assign may be by parol. (Gould v. Banks, 8 Wend., 565.) An assignment of a "copyright" in general terms is to be referred to what was then in existence, and not to any future contingency. It should not be extended by construction beyond the first term, unless it seems to be so actually meant by the author, and to include a future. contingency. (Pierpont v. Fowle, 2 Wood. & Minot, 43–45.) But if it uses language looking beyond the existing copyright, the rule is otherwise. (Ib.)

44. RECORDING.-Such assignment shall be recorded in the office of the Librarian of Congress within sixty days after its execution, in default of which it shall be void as against any subsequent purchaser or mortgagee for a valuable consideration without notice. (Act of July 8, 1870, § 89.)

An assignment of a copyright, although not recorded, is still valid as between the parties and as to all parties not claiming under the assignors. (Webb v. Powers, 2 Wood. & Minot, 510.)

45. ASSIGNMENT OF COPYRIGHT FOR ORIGINAL AND RENEWED TERMS.

Indenture made this 23d day of April, 1870, between Charles Russell, of Brooklyn, State of New York, of the one part, and George Arnold, of the city and State of New York.

Whereas the said Charles Russell has written and composed a book, entitled "The Law of the Farm:"

Now this indenture witnesseth, that the said Charles Russell, for and in consideration of the sum of $500, to him in hand paid by said George Arnold, the receipt of which is hereby acknowledged, has bargained, sold, and assigned, and by these presents does bargain, sell, and assign unto the said

George Arnold, his heirs, executors, administrators, and assigns, all the said book, and the manuscript thereof, and all his right, title, and interest, property, claim, and demand, of every kind and nature whatsoever, of, in, and to the same, and in any and all copyrights, and any and all renewals thereof, which may or can be had, or secured, or taken, in respect to said book or manuscript, under and by virtue of any acts of Congress, with any and all profit, benefit, and advantage that shall or may arise by or from printing, publishing, or vending the same, during the original or renewed terms of any such copyright. To have and to hold the same to the said George Arnold, his heirs, executors, administrators, and assigns forever.

And the said Charles Russell agrees to examine and correct the proofsheets of said work as fast as they shall be furnished, and to make and complete a full and correct index therefor, as soon as may be after all the signatures of the text shall be furnished for that purpose.

And the said George Arnold, for himself, his heirs, executors, administrators, and assigns, covenants and agrees to furnish and deliver, free of cost, to said Charles Russell, twenty-five bound copies of said work, within three months after the said index shall or may be completed.

In witness whereof the said parties have hereunto set their hands and seals the day and year first above written.

CHARLES RUSSELL. [L. S.]
GEORGE ARNOLD.

VI. Forms of Procedure in Patent Causes.

SEC.

50. Equity answer.

51. Equity replication.

[L. S.]

52. Equity notice for proofs under oral examination.

53. Declaration.

54. Plea and special notice.

In Equity.

To the honorable the judges of the circuit court of the United States

of the United States, was the true and original inventor of a new and useful improvement in, which said improvement was not known or used by others before the invention and discovery thereof by who thereupon did apply to the Commissioner of Patents of the United States for letters patent for said improvement, and fully and in all respects complied with all the requirements of the law in that behalf, and especially made oath that he verily believed himself to be the true inventor or discoverer of the said improvement, and also paid into the Treasury of the United States the sum of thirty dollars, and presented to the Commissioner of Patents of the United States a petition, setting forth his desire to obtain an exclusive property in said improvement, and praying that letters patent might for that purpose be granted unto him; and also delivered and filed in said office of the Commissioner of Patents a written description of his said improvement, in such full, clear, and exact terms as to enable any person skilled in the art with which the said improvement is most nearly connected to make and use the same; which said description was duly signed by the said and attested by two witnesses; and thereupon

his

years from the

the said Commissioner of Patents caused letters patent to be made out and issued in the name of the United States of America, in due form of law in all respects, bearing date the day of , in the year one thousand eight hundred and -, whereby was granted unto the said heirs, administrators, or assigns, for the term of date thereof, the full and exclusive right and liberty of making, constructing, using, and vending to others to be used, the said improvement, which is entitled in said letters patent, "A new and useful improvement in ;" and the said letters patent having been signed by Secretary of the Interior of the United States, and countersigned and sealed with the seal of the Patent Office by , Commissioner of Patents of the United States, and the same, having been duly recorded, were issued and delivered unto the said

And your orator further shows unto your honors, that the defendant,

day of

and selling a large amount of

and that the defendant refused to pay to your orator any of the profits which made by such unlawful manufacture, use, and sales, or to

desist from making, using, and selling the same, in violation and infringement of your orator's rights, secured to him as aforesaid, and without his consent or allowance.

All which actings and doings are contrary to equity and good conscience, and tend to the manifest injury of your orator in the premises.

In consideration whereof, and forasmuch as your orator can only have adequate relief in this honorable court, where matters and things of this kind are made cognizable by statute: To the end, therefore, that the said defendant may, if can, show why your orator should not have the corporal oath and according to

relief hereby prayed, and may, upon

best and utmost knowledge, remembrance, information, and belief, full, true, direct, and perfect answer make to the matters and things hereinbefore stated and charged:

And that the said defendant may answer the premises, and that may be decreed to account with and pay over to your orator the profits which has or might have made by infringement of said letters patent in such unlawful manufacture, use, and sale of

May it please your honors, the premises considered, to grant unto your orator a writ of injunction, issuing out of and under the seal of this honorable court, (or issued by one of your honors, according to the form of the statute in-such case made and provided,) enjoining and restraining the said clerks, attorneys, agents, servants, and workmen from making any as is described in such

letters patent,

And that your orators may have such further and other relief as the nature of the case may require and to your honors seems meet;

May it please your honors to grant unto your orator not only the writ of injunction conformable to the prayer of this bill, but also a writ of subpena, directed to the said

—, commanding

on a day certain, therein to be named, to be and appear in this honorable court, then and there to answer the premises, and to stand to, perform, and abide such further order, direction, and decree as may be made against And your orator, as in duty bound, will ever pray, &c.

day of

A. D. 18-, personally appeared the above-named

who, being duly sworn according to law, deposeth and saith that he is the