hereby declare, and the true intent and meaning of him and of these presents is, that, notwithstanding the covenant hereinbefore entered into by the said E. F., for the payment of the said sum of £2,000, and the interest thereof, the said freehold, leasehold, and copyhold hereditaments and premises hereinbefore released and assigned, and covenanted to be surrendered, respectively, shall, as between the said E. F., his heirs, executors, or administrators, and the person or persons for the time being entitled to the equity of redemption of the said premises, be primarily liable to, and remain charged with, the payment of the said sum of £2,000, and the interest thereof. IN WITNESS, &c. FREEHOLDS, LEASEHOI DS, AND COPY HOLDS, TO MORTGAGEES AND PUR CHASERS. that land is to be the primary resort for payment of the mortgage money. XL. ASSIGNMENT of LETTERS PATENT (a). LETTERS PA TENT. tition for Let THIS INDENTURE, made &c. BETWEEN A. B., of Parties. &c. [assignor], of the one part; and C. D., of &c. [assignee], of the other part; WHEREAS the said A. B., by his petition Recital of peto the Queen's most excellent Majesty, represented, (among ters Patent. other things), that in consequence of a communication made to him by the said C. D., a foreigner, residing abroad, he, the said A. B., was in possession of a method of making (a) Some information with regard to the law of patents will be found in the notes to Precedent XV., ante, p. 182. Letters patent always contain a clause for making the liberties and advantages granted by them void, if the benefit of the patent should become divided or shared amongst more than five persons or their representatives at one time. (See Duvergier v. Fellows, 5 Bing. 248; S. C. 2 Moo. & Pay. 384; 10 B. & C. 286; 1 Clark & Fin. 39). But this provision applies only to assignments by act of the party, and not to assignments by act of law,-as by a fiat in bankruptcy. (Bloxam v. Elsee, 6 B. & C. 169). Patent not to be vested in more than five persons at once. LETTERS PA TENT. -of the grant of the same. -of acknowledgment and inrolment of specification. -of assignor being a trustee for assignee. or manufacturing an improved machine or instrument for (c): AND WHEREAS the said letters patent were obtained by the said A. B. on behalf of the said C. D., and the said A. B. hath no claim to the said invention or discovery, in -of assignee's respect of which the said letters patent were granted: AND WHEREAS the said C. D. is desirous that the said A. B. should assign the said letters patent, and the full benefit thereof unto him, the said C. D., his executors, adminis desire to have an assignment of the patent. Recitals in assignment of patent. (b) An assignment of letters patent should commence with reciting the petition for the grant, and not with a recital that the assignor has invented the subject of the patent. (See Bowman v. Taylor, 2 Ad. & Ell. 278; ante, p. 184, n. (b), and p. 192, n. (b). If it be deemed more convenient, the petition may be given as a recital in the letters patent, or may be omitted, if the grant itself should describe the alleged invention without reference to the petition. (c) See ante, p. 185, n. (c). LETTERS PA TENT. trators, and assigns, in manner hereinafter mentioned (d): NOW THIS INDENTURE WITNESSETH, that for effectuating the said desire, and in consideration of the Witnesseth assignment. premises, he, the said A. B., hath assigned, and by these presents doth assign, unto the said C. D., his executors, administrators, and assigns, ALL THOSE, the said letters of the patent. patent herein before mentioned, and the exclusive exercise, right, and enjoyment thereby granted or expressed, and intended so to be, of the said invention in the said petitlon and letters patent mentioned: AND ALL and singular the powers, authorities, liberties, privileges, profits, emoluments, and advantages whatsoever, appertaining or belonging thereunto, or in anywise to be had or made therefrom (e), (d) If the draft to be prepared be that of an assignment from a vendor to a purchaser of the patent, the two previous recitals must be omitted, and their place be filled by the recital of the common contract for sale "And whereas the said A. B. hath contracted and agreed with the said C. D. for the absolute sale to him of the said letters patent, and the full benefit thereof, and of any other letters patent which shall be granted for the said invention at or for the price or sum of £.” Of course the witnessing part will in that case contain the ordinary statement of the consideration and receipt, and will be "in pursuance of the said agreement," instead of " for effectuating the said desire." (e) The precedent in the text is taken from a draft which was prepared before the statute, 5 & 6 Will. 4, c. 83; (see ante, p. 188, n. (i)). It may now, perhaps, be proper to introduce the following words : 66 including full power and authority to apply for and obtain any new or other letters patent for the said invention, or any extension or prolongation of the said term in the hereinbefore recited letters patent." But it cannot be said that they are essential, as the statute gives the po wer of obtaining anextension of the term to "any person who now hath or hereafter shall obtain any letters patent as aforesaid); " meaning, (see the first section), "as grantee, assignee, or otherwise." If the above alteration should be made in the draft, the habendum should contain, after the words "fourteen years," the addition, "and for such further or extended term (if any) as aforesaid." Variation for assignment to a purchaser. Extension of terms of patent. AND ALL the estate, right, title, interest, term of years, benefit, property, claim, and demand whatsoever, at law and in equity, of him, the said A. B., of, in, to, out of, or upon the said premises hereby assigned, or expressed and intended so to be, and every part thereof, To HAve, hold, and enjoy the said letters patent, powers, privileges, and authorities, and all and singular other the premises hereinbefore assigned, or expressed and intended so to be, unto the said C. D., his executors, administrators, and assigns, for all the residue now to come of the said term of fourteen years, in as full, ample, and beneficial a manner, to all intents and purposes, as he, the said A. B., might or could have held or enjoyed the same if these presents had not been made and executed: AND THE SAID A. B. doth hereby for himself, his heirs, executors, and administrators, covenant with the said C. D., his executors, administrators, and assigns, that he, the said A. B., hath not at any time heretofore made, done, committed, or executed, or knowingly or willingly permitted or suffered, or been party or privy to, any act, deed, matter, or thing whatsoever, whereby, or by reason or means whereof, the said letters patent are, can, shall, or may be surrendered, forfeited, or made void or voidable, or whereby, or by reason or means whereof, he, the said A. B., is in anywise hindered or prevented from assigning the said letters patent and premises hereinbefore assigned, or expressed and intended so to be, in manner aforesaid, according to the true intent and meaning of these presents (ƒ). IN WITNESS &c. Covenants in assignment on purchase. Variation. Covenants (f) If the draft be that of an assignment from vendor to purchaser, it must contain the usual covenants for title, which may readily be framed from those given in Precedents XXXVII. or XLI. The covenant for further assurance should, perhaps, contain some words to cover the new term which may be granted in the patent. The following covenants have been taken from an assignment of a special nature, in which the vendor retained an interest in the produce of the patent, although an assignment was made instead of a mere license: "AND THE SAID A. B. doth hereby, for himself, his LETTERS PA TENT. ity of the pa tent. heirs, executors, and administrators, covenant with the said C. D., his executors, administrators, and assigns, that the for the valid said letters patent hereinbefore assigned, or expressed and intended so to be, are good, valid, and effectual, for all and every the several inventions therein mentioned, and are in nowise invalidated, or become void or voidable: AND THAT he, the said A. B., now hath in himself for right to good right, full power, and lawful and absolute authority, assign. to assign the said letters patent, and all and singular other the premises hereinbefore assigned, or expressed and intended so to be, unto the said C. D., his executors, administrators, and assigns, in manner aforesaid, according to the true intent and meaning of these presents: AND THAT for quiet enthe right to make, use, exercise, and vend the said inven- joyment. tions described in the said specification, and every or any of the said inventions, and every or any part thereof, and either alone or with any additions, alterations, or improvements whatsoever, shall and may be solely, and exclusively, and peaceably, and quietly exercised, used, and enjoyed by the said C. D., his executors, administrators, and assigns, without any act, suit, denial, interruption, or disturbance, by any person or persons whomsoever: AND FURTHER, for indem THAT if any person or persons whomsoever, other than the nity against infringements. said C. D., his executors, administrators, or assigns, shall make, use, or put in practice the said inventions, or any of them, or any part of the same, or in anywise counterfeit or imitate the same, or shall make or cause to be made any addition thereunto or subtraction from the same, whereby to pretend himself or themselves the inventor or inventors thereof, or shall infringe upon the said patent in anywise howsoever, then and in such case, and so often as the same shall happen, he, the said A. B., his executors and administrators, and every of them, shall and will commence, carry on, and prosecute, all and every such actions, suits, and proceedings, at law and in equity, or otherwise, for the purpose of protecting the said patent, and obtaining damages and reimbursements for the infringement thereof, as the said C. D., his executors, administrators, or assigns, shall deem requisite or necessary, and shall and will, in |