no State had any right to interfere with its enjoyment, or to annex
conditions to the grant, and that the patentee had a right to go into
the open market anywhere in the United States and sell his property. It
also established the proposition that a State may require the taking out
of a license for the sale of the manufactured article covered by the
patent; and the patentee should keep in mind the distinction between
selling patents, or patent privileges, and the selling of goods or
manufactured articles, as all who sell goods, whether patented or not,
must conform with the local and State laws relating to same.

The statute requiring the insertion in written obligations of the words,
"Given for a Patent Right," has been declared unconstitutional by the
higher State Courts in Illinois, Michigan, Minnesota, and Nebraska, and
by the Circuit Courts in the southern district of Ohio, and in the
district of Indiana; while its validity has been sustained by the courts
of last resort in New York, Pennsylvania, Ohio, Indiana, and Kansas.
Therefore, the validity of the State statutes on the point referred to
may be regarded as finally established in the last-named States until
brought before the Supreme Court of the United States.

CHAPTER IX

THE TRANSFER OF PATENT RIGHTS

It frequently occurs to the patentee that a knowledge of the legal
requirements of the transfer of patent rights would save him much time
and trouble. Patentees should carefully scrutinize all papers offered by
the parties in whose favor they are drawn, and, if possible, he should
have his attorney to examine them.

There are three classes of persons in whom the patentee can vest an
interest of some kind. They are an assignee, a grantee of an exclusive
sectional right, and a licensee.

[Sidenote: Assignee, Grantee, and Licensee Defined.]

"An _assignee_ is one who has transferred to him in writing the whole
interest in the original patent, or any undivided part of such whole
interest in every portion of the United States. And no one, unless he
has such an interest transferred to him, is an assignee.

"A _grantee_ is one who has transferred in writing the exclusive right
under the patent, to make and use, and to grant to others to make and
use, the thing patented, within and throughout some specified part or
portion of the United States. Such right must be an exclusive sectional
right, excluding the patentee therefrom.

"A _licensee_ is one