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General recitals.

Testatum.

ASSIGNMENT OF A PATENT.

This Indenture made the day of
of the one part, and C. D. of

A. B. of

part.

18

Between

of the other

Whereas by letters patent under the seal of the Patent Office, numbered and dated entitled" Improvements, &c.

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day of 18 and ," Her Majesty the Queen gave and granted unto the said A. B., his executors, administrators, and assigns, Her Majesty's especial licence, full power, sole privilege and authority, that he the said A. B., his executors, administrators, and assigns, and every of them during the term therein expressed should and lawfully might make, use, exercise, and vend his said invention within the United Kingdom of Great Britain and Ireland and the Isle of Man, and the whole profit and advantage from time to time accruing by reason of the said invention during the term of years therein mentioned to have, hold, exercise and enjoy the said licence, power, privileges, and advantages therein before granted unto the said A. B., his executors, administrators, and assigns, for and during and unto the full end and term of fourteen years from the date of the now reciting letters patent next ensuing subject to the conditions and provisoes therein contained. And whereas the said A. B. has agreed for the sum of £ said C. D. the said invention and the said letters patent and all the licence, power, privilege and advantage thereby granted, and any extension of the same, together with all improvements and additions useful to the manufacture, the subject-matter of the said letters patent now already in the knowledge or possession of or which may hereafter be made by the said A. B.

to assign unto the

Now this Indenture witnesseth that in pursuance of the said agreement and in consideration of the sum of £ , this day paid by the said C. D. to the said A. B. (the receipt whereof is hereby acknowledged) he the said A. B. as beneficial owner (m), doth hereby assign unto the said C. D., his executors,

(m) By the Conveyancing Act, 1881, s. 7 (a), it is provided "In a conveyance for valuable consideration, other than a mortgage, the following covenant by a person who

conveys and is expressed to convey as beneficial owner (namely) :— 'That, notwithstanding anything by the person who so conveys, or any one through whom he derives

administrators and assigns, all that the said special licence, full power, sole privilege and authority, and the said invention and all and every of the rights, privileges, profits, benefits, commodities and advantages in and by the said herein before recited letters patent granted, together with the said hereinbefore recited letters patent, and also all the right, title, interest, claim and demand whatsoever of him the said A. B., his executors, administrators and assigns, or any of them, to

title, otherwise than by purchase for value, made, done, executed, or omitted, or knowingly suffered, the person who so conveys, has, with the concurrence of every other person, if any, conveying by his direction, full power to convey the subject matter expressed to be conveyed, subject as, if so expressed, and in the manner in which it is expressed to be conveyed, and that notwithstanding anything as aforesaid that subject matter shall remain to and be quietly entered upon, received and held, occupied, engaged and taken by the person to whom the conveyance is expressed to be made and any person deriving title under him, and the benefit thereof shall be received and taken accordingly without any lawful interruption or disturbance by the person who so conveys or any person conveying by his direction or rightfully claiming, or to claim by, through, under, or in trust for the person who so conveys or any person conveying by his direction or by, through, or under anyone, not being a person claiming in respect of an estate or interest subject whereto the conveyance is expressly made through whom the person who so conveys derives title otherwise than by purchase for value; and that freed and discharged from or otherwise by the person who so conveys sufficiently indemnified against all such estates, incumbrances, claims and demands other than those subject to which the conveyance is expressly made as either before or after the date of the conveyance, have been or shall be made, occasioned or suffered by that person or by any person conveying by his direction or by any

person rightfully claiming by, through, under, or in trust for the person who so conveys or by, through, or under any person conveying by his direction or by, through, or under any one through whom the person who so conveys derives title otherwise than by purchase for value, and further that the person who so conveys and any person conveying by his direction and every other person having or rightfully claiming any estate or interest in the subject matter of conveyance other than an estate or interest subject whereto the conveyance is expressly made by, through, under, or in trust for the person who so conveys or by, through, or under, any person conveying by his direction or by, through, or under any one through whom the person who so conveys derives title otherwise than by purchase for value will from time to time, and at all times after the date of the conveyance on the request and at the cost of any person to whom the conveyance is expressed to be made or of any person deriving title under him execute and do all such lawful assurances and things for further or more perfectly assuring the subject matter of the conveyance to the person to whom the conveyance is made and to those deriving title under him subject as if so expressed and in the manner in which the conveyance is expressed to be made as by him or them or any of them shall be reasonably required: (in which covenant a purchase for value shall not be deemed to include a conveyance in consideration of marriage).'

Habendum.

Covenant as to validity

and as to specification being

sufficient, &c.

apply and petition for, obtain and procure a prolongation, or extension of the said licence, privilege and authority, and of the said term of fourteen years granted by the said hereinbefore recited letters patent, and to apply and petition for, obtain and procure any new or other letters patent to be granted for any new or additional term or terms of years.

To have, hold, and receive, take, exercise and enjoy the said especial licence, sole privilege and authority, invention, letters patent, rights, privileges, and all and singular the premises hereby assigned or intended so to be unto and by the said C. D., his executors, administrators and assigns for and during all the rest, residue and remainder which is now to come and unexpired of the said term of fourteen years granted and created by the said hereinbefore recited letters patent and for and during all other the term right and interest of him the said A. B. under or by virtue of the said hereinbefore recited letters patent or otherwise howsoever to and for the sole use, benefit and advantage of the said C. D., his executors, administrators and assigns.

And the said A. B. for himself, his heirs, executors and administrators doth covenant with the said C. D., his executors, administrators and assigns, by these presents in manner following, (that is to say) that notwithstanding any act, deed, matter or thing by the said A. B. done, executed or permitted, the said herein before recited letters patent are at the time of the sealing and delivery of these presents, good, valid and sufficient in the law for all and every of the purposes therein mentioned and expressed, and that the same letters patent or the grant therein expressed or contained have not been and are not surrendered, forfeited or become void or voidable in anywise whatsoever (n).

And that the specification filed by the said A. B. at the Patent Office pursuant to the conditions upon which the hereinbefore recited letters patent were granted, well and sufficiently describes and ascertains the nature of the invention mentioned in the said letters patent, and in what manner the same is to be performed, and that the same specification was

(n) It is obvious that this is a stringent covenant on the part of the patentee, inasmuch as it renders him responsible should it hereafter appear that for any reason such as

anticipation, &c., the letters patent were invalid, this covenant and the next should be carefully considered before they or either of them are inserted.

truly and duly made and filed according to and well, truly, fully and sufficiently performed and complied with the conditions in that behalf in the same herein before recited letters patent expressed and contained.

In witness.

Additional Recitals.

And whereas the said A. B. has agreed for the sum of Substituted recital of £ , and for other sums by way of percentage as hereinafter agreement for mentioned, and subject to the contracts on the part of the said a sum down C. D., hereinafter contained to assign (&c., as before).

And whereas the said A. B. has applied for and letters patent or a Brevet d'Invention, for the said in the following foreign states and countries in the following British Colonies

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and future
payments.
See Covenant
and Condi-
tions in such

a case.

obtained invention Foreign and

and colonial patents whereby recital.

the said A. B., his executors, administrators and assigns, have acquired the sole right privilege and authority to work, use, or vend the said invention in the said Foreign States and British Colonies for the terms of years limited respectively by the said letters patent and Brevet d'Invention, and whereas in consideration of the sum of money hereinbefore expressed, the said A. B. has agreed to assign the said letters patent and Brevet d'Invention to the said C. D.

inventor.

And whereas the said A. B. has represented himself to the True and first said C. D. to be to the best of his knowledge, information and belief, the true and first inventor of the said invention within this realm.

And whereas the said A. B. has assigned the said letters Previous patent and all the rights, powers, privileges and advantages of assignments he the said A. B. in the said letters patent, and the said inven- tricts (0),

(0) See special covenant necessary in such cases as to applications to amend, &c., &c.

for dis

tion for the counties of to G. H. his
tors or assigns, and for the counties of
tors, administrators or assigns, &c., &c.

executors, administrato J. K. his execu

and of inten

for other

And whereas the said A. B. contemplates and intends to tion to assign assign the said letters patent and all the rights, powers, privileges and advantages of he the said A. B. in the said letters patent and the said invention for other districts so soon as a purchaser shall be found therefor.

district.

Recital of licence granted.

Substituted recital of

agreement to ass.gn for a district.

Assignment for a county (g).

And whereas the said A. B., by indenture dated , has granted a licence unto E. F. of his executors, administrators and assigns, to manufacture, use and vend the said invention during the continuance of the said letters patent or any extension or renewal thereof, upon certain terms and conditions as to the payment of royalties and otherwise in the said indenture made and provided (p).

And whereas the said A. B. has agreed in consideration of the sum of £ to assign unto the said C. D., benefit of the said letters patent so far as the same relates to the counties of but not elsewhere, and so far as the same relates to the said counties, all the licence, power, privilege and advantage thereby granted, and any extension of the said letters patent together with all improvements and additions useful to the manufacture the subject matter of the said letters patent now already in the knowledge or possession of or which may hereafter be made by the said A. B.

Now this Indenture witnesseth that in pursuance of the said agreement, and in consideration of the sum of £ this day paid by the said C. D. to the said A. B. (the receipt

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