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CAVEATS.

The provisions for caveats in the earlier statutes were repealed by the Act of June 25, 1910.

ABANDONED AND FORFEITED APPLICATIONS.

If the applicant for a patent fails to complete his application within one year after filing his petition, or if for one year after the mailing from the office of notice of any official action on his application he has failed to prosecute the application it will be held to be abandoned, but it may be renewed, on showing to the satisfaction of the Commissioner that the delay was unavoidable, by filing a new petition, application, oath, drawing and fee. The old model may be used.

When the patent after allowance has been withheld by reason of non-payment of the final fee it is held to be forfeited, but a renewal of the application may be made at any time within two years after the allowance of the original application by any person interested in the invention. In such renewal the original oath, petition, specification, drawing and model may be used, but a new fee will be required. The second application must bear date from the time of renewal, and is subject to re-examination like an original application.

MARKING PATENTED ARTICLES.

The statute provides that "it shall be the duty of all patentees, and their assigns and legal representatives, and of all persons making or vending any patented article for or under them, to give sufficient notice to the public that the same is patented; either by fixing thereon the word 'patented' together with the day and year the patent was granted; or when, from the character of the article, this cannot be done, by fixing to it, or to the package wherein one or more of them is enclosed, a label containing the like notice; and in any suit for infringement by the party failing so to mark, no damages shall be recovered by the plaintiff except upon proof that the defendant was duly notified of the infringement, and continued after such notice to make use, or vend the article so patented."

ASSIGNMENTS AND GRANTS.

A patent may be assigned, either as to the whole interest or any undivided part thereof, by an instrument of writing. No particular form of words is necessary to constitute a valid assignment; nor need the instrument be sealed, witnessed, or acknowledged. It is advisable, however, that every assignment be acknowledged before a notary public or other proper officer as the certificate of the latter under his hand and seal is prima facie evidence of the execution of the instrument. A patent will, upon request, issue directly to the assignee or assignees, of the entire interest in any invention, or to the inventor and the assignee jointly, when an undivided part only of the entire interest has been conveyed. In every case where a patent issues or reissues to an assignee, the assignment must be recorded at the Patent Office at a date not later than that on which the final fee is paid; and the specification must be sworn to by the inventor. The patentee may also grant rights under the patent to be exercised by the grantee only within a specified territory. Every assignment and every grant of an exclusive territorial right must be recorded in the Patent Office within three months from the execution thereof; otherwise it will be void as against any subsequent purchaser or mortgagee for a valuable consideration without notice; but if recorded after that time, it will protect the assignee, or grantee, against any such subsequent purchaser whose assignment or grant is not then on record.

The receipt of assignments is generally acknowledged by the office. They will be recorded in their turn within a few days after their reception, and then transmitted to persons entitled to them.

(255.)

Form of Assignment of the Entire Interest in Letters Patent before obtaining the same, and to be Recorded preparatory thereto.

Whereas I, and State of

of

of

in the County 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 witnesseth, that for and in consideration of the said sum to me paid, I have assigned and 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 assignee of my whole right and title thereto, for the sole use and behoof of the said and his legal representatives.

as the

In Testimony Whereof, I have hereunto set my hand and affixed my seal this

day of

19.

Executed and Delivered in Presence of

(255a.)

(Signature.) (Seal.)

Form of Assignment of Patent or of an Undivided

Interest therein.

TO ALL WHOM IT MAY CONCERN:

Whereas

and State of

for

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did obtain letters patent of the United States

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.)

in

And Whereas is desirous of acquiring an interest therein : Now this indenture witnesseth that in consideration of the sum of 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 all (or one-half, as the case may be) the

set over unto the said

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

Sealed and Delivered in Presence of

19

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(Signature.) (Seal.)

(256.)

Form of a Grant of a Territorial Right in a Patent.

Whereas I,

and State of

of

in the County of

did obtain letters patent of the United States for

of

which letters patent bear date the day of 19; and whereas is desirous of acquiring an interest therein; Now this indenture witnesseth, that for and in consideration 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 an 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

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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.

A. B.

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. therefore the parties have agreed as follows:

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Now

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 terminate this license by serving a written notice upon the party of the second part; but the party of

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