the want
of a grantee, but vests in his heirs or assigns. (_U. S. S. C, De La
Vergne Ref. Machine Co._ vs. _Featherstone, 1893, C. D., 181._)
A court of equity may direct a sale of an inventor's interest in his
patent to satisfy a judgment against him, and will require the patentee
to assign as provided in Rev. Stat., Sec. 4898, and if he refuses, will
appoint a trustee to make the assignment. (_Murray_ vs. _Ager, 20 O. G.,
1311._)
A patent right cannot be seized and sold on execution. (_Carver_ vs.
_Peck, 131 Mass., 291._)
A receiver cannot, under his general powers, convey the legal title to a
patent (_Adams_ vs. _Howard, 23 Blatch., 27_), but a court may compel an
insolvent to assign his patent to a trustee or receiver. (_Pacific Bank_
vs. _Robinson, 20 O. G., 1314_; _Murray_ vs. _Ager, 20 O. G., 1311._)
A patentee who assigns his patent cannot, when sued for infringement,
contest the validity thereof. (_Griffith_ vs. _Shaw, 89 Fed. Rep.,
313._)
RULES OF PRACTICE
The following from the "Rules of Practice in the United States Patent
Office" may be perused with interest to the patentee; a copy of which,
together with a copy of the "Patent Laws," will be mailed free to any
person upon addressing the Hon. Commissioner of Patents, Washington,
D. C., requesting the same; these being the only books or pamphlets
published by the Office for gratuitous distribution.
[Sidenote: Assignments.]
Every patent or any interest therein shall be assignable in law by an
instrument in writing; and the patentee or his assigns or legal
representatives may, in like manner, grant and convey an exclusive right
under the patent to the whole or any specified part of the United
States. Interests in patents may be vested in assignees, in grantees of
exclusive sectional rights, in mortgagees, and in licensees.
[Sidenote: Assignees.]
An assignee is a transferee of the whole interest of the original patent
or of an undivided part of such whole interest, extending to every
portion of the United States. The assignment must be written or printed
and duly signed.
[Sidenote: Grantees.]
A grantee acquires by the grant the exclusive right under the patent to
make and use and to grant to others the right to make and use, the thing
patented within and throughout some specified part of the United States,
excluding the patentee therefrom. The grant must be written or printed
and be duly signed.
[Sidenote: Mortgages.]
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