EXCLUSIVE LICENSE TO MAKE, USE, AND SELL AN INVENTION. construction of the said invention to be made and used elsewhere than in the territory aforesaid. Should it be decided, before the said notes or either of them shall become due as aforesaid, by any court having jurisdiction to pass upon the validity of letters patent, that the said letters patent so granted to said Jethro Wood, are invalid and null and void, the said party of the second part shall be thereby released and discharged of and from the payment of such of the said promissory notes as then remain unpaid; and if either of said notes shall then be paid, said party of the first part covenants with said party of the second part to repay the one-half of whatever sums shall have been so paid: Provided, however, that if such adjudication, as to the validity of such letters patent, shall not have been made by the court of last resort, and the said Wood or his representatives shall determine to carry such decision to such court of last resort, that then the payment of any note so remaining unpaid shall be suspended until the determination of such court of last resort as to the validity of such patent, and such note shall be payable or otherwise, according as said letters patent shall be finally held to be valid, or null and void. It is further agreed between the parties hereto, that in case any person or persons shall infringe the said letters patent within the said territory, the said John Brown, his executors, administrators, and assigns, may and shall have the right, for his and their benefit, in the name of the said Jethro Wood, his executors, administrators, and assigns, to commence, sue, and prosecute all such suits and actions, as shall be deemed expedient, against any person or persons who shall be guilty of any such infringement; and for this purpose the said Jethro Wood constitutes the said John Brown, his executors, administrators, and assigns, the lawful attorney or attorneys irrevocable of him, the said Jethro Wood, at the costs and to the use of the said John Brown, his executors, administrators, and assigns, to commence and prosecute, in the name of the said Jethro Wood, all such suits and actions aforesaid. In witness whereof, the parties to these presents have hereunto set their hands and seals the day and year first above written. JETHRO WOOD. [SEAL.] JOHN BROWN. [SEAL.] Sealed and delivered in presence of } Acknowledgment, as in No. 13. 5 CENT INT. REV. STAMP. LICENSE TO USE AN INVENTION ON PAYMENT OF ROYALTY. 18. LICENSE TO USE AN INVENTION ON PAYMENT OF ROYALTY. Whereas certain letters patent of the United States, bearing date the 10th day of May, 1860, were issued to Rufus Dutton, of the city and State of New York, for improvements in Harvesting Machines, which said letters patent were afterwards surrendered, and new and reissued letters patent, for the same invention, issued to said Rufus Dutton, on the 1st day of June, 1863, as by reference to said letters patent will more fully appear; And whereas, Robert Brown, of Providence, Rhode Island, is desirous of obtaining a license to use the improvements so patented to said Dutton in and upon mowing and reaping machines, to be manufactured and sold by him, said Brown: Now this indenture witnesseth, that the said Rufus Dutton, for and in consideration of one dollar, to him in hand paid by said Robert Brown, and of the covenants hereinafter contained, and to be kept and performed by said Brown, has given and granted, and by these presents does give and grant, unto the said Robert Brown, his executors, administrators, and assigns, the liberty, license, power, and authority to make, use, and sell, within and for the State of Rhode Island, for and during the unexpired term of said patent, the said improvements so patented under and by said letters patent, upon the terms and conditions herein contained, and upon the payment of the suins of money as herein provided, and not otherwise. 1st. The said Robert Brown, for himself, his executors, administrators, and assigns, covenants and agrees to pay to said Rufus Dutton, his executors, administrators, and assigns, as patent fee or royalty, the following sums of money upon all mowing and reaping machines manufactured and sold by him, containing and using said improvements, or either of them, or any substantial part thereof, as follows, that is to say: upon each and every one-horse machine, the sum of five dollars; upon each and every two-horse machine, six dollars; and upon each mowing and reaping machine combined, the sum of seven dollars and fifty cents. 2d. The said Robert Brown, for himself, his executors, administrators, and assigns, also covenants and agrees to keep full and correct books of account of any and all mowing and reaping machines, and of the several kinds or sizes, which he or they may manufacture, containing or using the said invention, which said books of account shall be open, at all reasonable LICENSE TO USE AN INVENTION ON PAYMENT OF ROYALTY. times, to the inspection of said Rufus Dutton and his representatives, or his or their attorney, and on the first day of September of each and every year to make a true return, under oath, of all such machines manufactured and sold by him or them during the past year, and also remaining unsold; and within thirty days thereafter to pay to said Rufus Dutton, or his representatives, upon all such machines so manufactured and sold, the patent rent or royalty, as herein before provided, and agreeable to the returns herein required. 3d. The said Robert Brown further covenants and agrees, for himself, his executors, administrators, and assigns, to mark or paint on each and every machine made and sold by them under this license, using or employing said invention or any part thereof, the words and figures, "Patented, May 10, 1860; June 1, 1863." 4th. The said Rufus Dutton, for himself, his executors, administrators, and assigns, covenants and agrees, that he or they will not grant licenses to any other parties, to make and sell machines using or employing said invention, for a less patent rent or royalty than above specified, without making corresponding reductions to the said party of the second part. 5th. Upon the failure of said party of the second part, his executors, administrators, or assigns, at any time to faithfully carry out and perform any or either of the said herein contained conditions and provisions, the said Rufus Dutton, his executors, administrators, or assigns, may revoke and annul this license, first giving said Robert Brown thirty days' notice thereof, in which case this license, and all rights and privileges hereunder, shall forever cease and determine. In witness whereof, the said Rufus Dutton has hereunto set his hand and seal, this tenth day of May, A. D. 1886. RUFUS DUTTON. [L. S.] Sealed and delivered presence I, the said Robert Brown above named, hereby accept the above license, and bind myself, my executors, administrators, and assigns, to observe faithfully all and each of the obligations, conditions, and covenants therein contained. In witness whereof, I have hereunto set my hand and seal, this tenth day of May, A. D. 1866. Sealed and delivered in presence of } Acknowledgment, as in No. 13. ROBERT BROWN. [L. 8.] 5 CENT INT. REV. STAMP. INDEX TO STATUTES PASSED SINCE 1865. APPEAL- A. fee on appeal to examiners-in-chief..... APPLICATION FOR PATENT- when may be renewed, if final fee not paid.. APPROPRIATIONS- for payment Commissioner of Patents.. PAGE 212 210 210 214a 214a 2146 .2146, 214d for payment clerks, class one. .214b, 214d C. COMMISSIONER OF PATENTS- may appoint additional examiners. power to rent rooms... PAGE 212 213 to make yearly report of moneys received and expended 213, 214c not removable by Secretary of Interior 214 .... 214c D. DAMAGES- effect on, by non-payment of final patent fee and renewal of EXAMINERS-IN-CHIEF- E. not removable by Secretary of Interior. when may act as Commissioner... EXAMINERS appointed and removed by Secretary of Interior.... 210 moneys to credit of, to be paid into Treasury. 213 to be disbursed under direction of Secretary of Interior.... 214 c to appoint and remove clerks, &c. in Patent Office, except 214 c SPECIFICATIONS- rate to be paid for printing of..... 214 |