| Levis 7,448
St. Thomas 14,050 | Oshawa 7,433
Brandon 13,837 | Collingwood 7,077
Moose Jaw 13,824 | Fredericton 7,028
CHAPTER VIII
DECISIONS AND NOTES
The following digest will be found to contain much useful information
for the patentee, it being a carefully selected list of decisions
affecting assignments, territorial grants, licenses, State laws, etc.;
including those rendered by the Supreme Court of the United States, the
Circuit Court of Appeals, State Courts, and of various Commissioners of
Patents, all of which decisions enunciate well-settled and controlling
principles of Patent Law.
[Sidenote: Assignments.]
Assignments of patents are not required to be under seal. The statutes
simply provide that "every patent, or any interest therein shall be
assignable in law by an instrument in writing." (_Gottfried_ vs.
_Miller, U. S. S. C. Decided Jan. 23, 1882._)
A contract assigning a patent and all future improvements thereon is
enforceable against assignees of such improvements who take notice of
the contract. (_Westinghouse Air Brake Co._ vs. _Chicago Brake and Mfg.
Co., 85 F. R., 786._)
Each co-owner of a patent may use his right without the concurrence of
the others and license at will. (_Washburn & Moen Co._ vs. _Chicago Wire
Fence Co., 109 Ill., 71._)
Owners of a patent are tenants in common, and each, as an incident of
his ownership, has the right to use the patent or manufacture under it.
But neither can be compelled by his co-owner to join in such use or
work, or be liable for the losses which may occur, or to account for the
profits which may arise from such use. (_De Witt_ vs. _Elmira Nobles
Mfg. Co., 12 N. Y. Spur., 301._)
Joint owners of a patent, right are not copartners, and in the absence
of any express contract each is at liberty to use his moiety as he may
think fit, without any liability to or accounting to the other for
profits or losses. (_Vose_ vs. _Singer, 4 Allen (Mass.), 226; vide Pitt
vs. Hall, 3 Blatch., 201._)
Although an assignment of patent is not recorded within three months, it
is binding on the assignor, and he cannot sell the patent again. (_Ex
parte Waters, Com. Dec., 1899, p. 42._)
A verbal license or interest in an invention has no effect as against a
subsequent assignee without notice of such verbal license or interest.
(_U. S. S. C., Gates Iron Works_ vs. _Fraser et al., 1894, C. D.,
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