n
establishment" does not authorize a use at an establishment owned by him
and others. (_Rubber Co._ vs. _Goodyear, 9 Wallace, 788._)

A license is not transferable unless its terms so state. (_Olmer_ vs.
_Rumford Chemical Co., 109 U. S., 75._)

A license merely to make and not to sell does not impair the patent
owner's right to sue for infringement outside of the license; and the
purchaser of the licensee's tools and materials would not carry the
right to sell the product made thereon. (_American Graphophone Co._ vs.
_Walcut, 87 Fed. Rep., 556; 1898._)

A license to use a machine carries with it the right to repair the
machine, and replace worn parts until the essential original parts of
the machine have disappeared. (_Robinson on Patents, Sec. 827._)

A lawful sale of a patented article by a patentee or grantee, within his
own territory, carries with it the right to use such article throughout
the whole United States. (_Adams_ vs. _Burke, 5 O.G., 118_; _Hobbie_ vs.
_Smith. 27 Fed. Rep., 636._)

When an applicant in certain instruments assigned his right, title, and
interest in an invention, retaining for himself the exclusive right to
employ the invention in the manufacture of a certain class of machines,
Held, that such instruments do not convey the entire interest in the
invention or any undivided part thereof, and they are construed to be
nothing more than licenses. (_Ex parte Rosback, 89 O. G., 705. Decided
Oct. 5, 1899._)

An implied license to use a patented improvement without payment of any
royalties during the continuance of employment of the inventor, and
thereafter, on the same terms and royalties fixed for other parties, is
shown where the inventor applies the patent to his employer's work
without any agreement for compensation for its use further than a notice
that he would require pay after his employment terminated. (_Keys_ vs.
_Eureka Consol. Min. Co., U. S. S. C., 158 U. S., 150._)

A breach of a covenant in a license does not work a forfeiture of the
license unless it is so expressly agreed. (_Consol. Middlings Purifier
Co._ vs. _Wolf, 37 O. G., 567._)

[Sidenote: Patent Title.]

A patent right, like any other personal property, is understood by
Congress to vest in the executors and administrators of the patentee, if
he dies without having assigned it. (_Shaw Relief Valve Co._ vs. _City
of New Bedford, 19th Fed. Rep., 758._)

A patent to a dead man at the time of its grant is not void for