Willamette farmer. (Salem, Or.) 1869-1887, September 24, 1875, Image 7

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Willamette farmer., September 24, 1875, Page 7, Image 7

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Newspaper Page TextWILLAMETTE FARMER. tV TJ 1 Short Lectures on Patents. No. 12 By J. L. Dooxic, of Dewey k Co'e. Minixi and BctEKTirtc Pbkbs Patent Agency. Assignments. One of the most complicated and at the same time one of the most important questions con nected witb the subject of patents, is that which relates to the sale, and transfer of patents and interests therein. Few patentees understand the legal forms and requirements connected with thiB subject, and they nre therefore com pelled to seek the aid of a lawyer or patent agent in order to consummate a fate. Lawyers as a general rule, unlets they are familiar with patent law and the special rules relating to the transfer of patents, are apt to apply the ordi nary rules relating to deeds and bills of sale to the trausfer of patents, and thus many n sale is rendered impel feet and the purchaser is placed in a position which is liable to defeat his pur chase, without recourse. . It is, therefore, nec essary that not pnly every patentee, but also intending purchasers should understand at least the principal rules and requirements relating to assignments, so that, they may guard 'their own interests and see that their rights are prop erly secured. Any instrument of writing which expresses the intention of the patentee or owner to dis pose of his patent or an interest therein to another party, and which specifies a considera tion is a legal assignment if it be signed by the party owning or holding the patent or the in terest therein which is disposed of, and this in strument need not necessarily be either wit nessed or acknowledged. Although such an assignment if properly recorded, would hold the interest disposed of, it is always desirable thut certain forms should be used in order to make the sals distinct and intelligible, and there are oftentimes outside conditions which require to be expressed, and these conditions vary ac cording to the nature and surroundings of each case; for instance it is desirable when a per son purchases all the right, title and inter est of the patentee, to insert a clause in the as signment binding the patentee to sign and ac knowledge the necessary documents to obtain a re-issue of the patent in case such re-issue .should become necessary or advisable. It is often that such provisions can be inserted in an assignment, so as to avoid much trouble which is likely to arise after the purchaser deems himself perfectly secure. No one but a person who is familiar with the various phases which a patent or an invention can assume can properly throw these safeguards about a pur chase, and is therefore important that a person skilled in such matters be employed to prepare the transfer. When a party disposes of his interest in a patent, his rights in the premises cease entirely. He has no right to manufacture the patented ar ticle even for his own use. When a party has received an assignment of a patent, or of any undivided interest in a patent, be must place the same on record in the United States Patent Office within ninety days from the date of assignment. If he fails thus to record the assignment within ninety days, and the peron from whom he purchased should sell the interest to another party who did re cord within the specified time, the second as signment which was properly recorded, would hold in spite of the prior date of the unrecorded assignment; but-if no subsequent assignment is placed on record, even if the first assignment should not be recorded within tho ninety days, the holder of the first assignment can then re cord it and thus defeat any subsequent par chaser who does not record uutil ufterwards. The reason of this requirement is obvious. The Patent Office is supposed to keep a record of the title of every patent, so that any person desiriug to purchase a patent can rerdily find out who tho rightful owner is. This record will therefore alwajs give the name of the ac tual proprietor outside of the ninety days, and a party who purchases in good iaith from this record should not be defeated by a purchaser who failed to give notice ot nis puicnuae oy re cording his assigument inside of the ninety days. The very natural question now arises, what recourse would tho proprietor of the unrecorded assignment have against the person who sold the patent or interest in the patent to a seoond party ? I do not know that this question nas ever been definitely settled, but it would seem on principle that an action for fraud would lie against the person who sold the same thing twice. The owner of a patent can sell his right as a whole or he can sell it in subdivisions. He can dispose of one, two or a dozen States or territo ries to quo person and the remainder to an other, or he can sell each State to a different person, or be can sell au undivided interest in the patent. He is thus left to dispose of his patent in whatever way he can make it most profitable. When a patentee 'assigns absolutely a certain territory, he grants to the assignee the same right that he had within that territory, which is the exclusive right to make, use and sell the thing patented; outside of that territory the pat entea retains all the rights he had before the sale The assignee can therefore make, use and sell to others to be used the patented machines within the purchased territory. H is not bound to ask his customers any questions as to where they come from or whither they are ro ing. The purchaser is presumed to know the extent of the sellers right, and if he takes the machine out.ide of the territory aforesaid, and proceeds to use it, he will be liable to tbe pat entee for damages, because tbe patentee's right outside of the sold territory remains unim paired. It would seem that the law ought to make a distinction between a machine or patented arti cle which is intended for production, and one which is intended solely for consumption, Tbe former is usually intended to accomplish a cer tain duty in a fixed position, and therefore may be considered permanent in its character, while the latter is transient and generally accompa nies the person of the owner. In the absence of any judicial decisions bearing upon these points it is difficult to state any fixed rule, yet we are safe.in concluding that the law would not require a traveler to remove a pair of spurs which be had purchased from the owner of a natent richt in one State, when he came to tbe boundary line, which separated the territory of one owner lrom mat or auoiuer owner in me patent. When tbe owner ef a patent sells an undi nM Interest in his Datent to another cartv. the assignee has a right to manufacture and sell the thifg patented wherever, he pleases, and in the absence of any copartnership agree ment he cau make, use and sell as many of the natented articles as he pleased without any re sponsibility whatever to the other owner. Tnc loss of steam from condensation in a well protected steam pipe may be taken ap proximately as 1 lb. of steam per indicated horse power per hoar for each 100 feet of steam pipe. In snnh a case, a stufliug-box expansion joint should be provided in the steam pipe, al lowing an expansion of 2Jf in. for each 100 ft. in length. Pacific Mail Steamship Co. New York to San Francisco, via Panama. U !' HATES OF PA.SSA.aJE. j. r-'"&&?2!2J?DJM&?&l. J- & 4' ,;' ' i&f E EH o a Q bd t&3rTho Rates include the transit of the Isthmus of Panama via Panamti Railroad. Also, Bed dinp, Board and all necessaries for the voyage. An experienced Sucgeon is ou each ship, and no charge is made foi medicines or medical attendance. i Steamers leave New York every Saturday at 12 o'clock, Noon, And Make the Trip to San Francisco in Three Weeks. This Route offers Sjjecial Inducements to EMIGRANTS, who will avoid the delays, discomfort and expense of the tedious trip overland, by rail. THE STEAMEES OF THIS LINE CONNECT AT NEW YOKE WITH ALL THE TEANS-ATLANTIC LINES PEOM EUKOPE ,' ' Also at the' Isthmus of Paama with Steamers of the . Hamburg American Packet Company, from Hamburg and Havre, ' ' ' The-Royal Mail Steam Packet Company; rom Southampton, The West India and Pacific Steamship Company, from Liverpool, And the General Trans-Atlantic Company, from St. Nazaire. All information regarding Through Rates of Passage, can be obtained from the Agents of the above Lines at any port in Europe, from whom Through Passage Tickets can be purchased. THE OFFICE OF THE PACIFIC MAIL STEAMSHIP COMPANY, IN NEW YORK, IS ON THE WHARF, PIER 42 NORTH RIVER, FOOT OF CANAL STREET. R. J. Trumbull, Dealer in and Grower of SEEDS or Vegetables, TREES, -( 1 FLOWERS. ' r .r-j '"'i --i tia ax ML ' 'sW ill B 1 lt ilfr .!4 JLft m!4i!j Shrubs, l.tVRlti "jCST Jiuj-ijsa, "vi V I Kto., For tho PARDEN, FA11M, nml MANSION, 427 Nanume Street, San Francisco. B7Des rlptlvo CataVigutson application. Vj. i i 't ;- . bbmUTIbbbIHbuw o t. U - m"M & d II nt Jill 9HHkn No. 327, 320 and 331 Saosome Street, SAN FRANCISCO. ITIIE NEW IMPKOVED HOME SHUTTLE Sowing Machine. PRICE, - - S4.3.00. WE ALSO SELL The Home Sewing Machine. These machines una a shuttle, straight needle, and nuke the Lock Btltcb. They are surpassed by none. Then are Me timplat and UgKtaUrunning mi cAinM in thl vmtM, Bend (or circular!. Mme. Demorest Reliable Patterns. SEND FOR A CATALOGUE. Itoyel Chart!, 2.90. E. W. HAINES. Agent, IT New Montgomery Street (Grand Uotel Building), San FrancUco. Pelton's Six-Fold Horse Power, '""'T5TlaTraw'Walf'B1 ' 111' r'v'rTflrt"ip'-- - HaviiiR made new arranaements with Mr. Mc.K0n7.le, Iain prepared to annpty my powers to all persons favoring me wiih their orders. All powers hcrenlter itiauufactureii can only tu t.utaluAd of me or my agents. In future they will lie inaitii under my directions and xpuclflcutlons, and nothing but n prime quality Machinery Iron will be used in their luuuulacture. I haveKriatly improved the iipnlicntion mid bracing my Lovers which will glvo thorn amplo strength. All powers iully warrauted. i'or liuther Information, Bend for Oiroulars and Price List to Address, S. PELTON, Patentee. Salem, Oregon. IPaJLOmwl I will aend 12 Flowering Plants for One Dollar yourcholco from 100 sorts), by MAIL UH KXfUKBN. MY ILLUSTRATED CATALUUUE, deierllxitheeiilnirtorPiilta Seeds, VTB.E. 110YT BITCH, 615 Warren it., Boston, Bail. &1 skjai ik?rJltK2l fck2--:lJ.4,', WltSlm KSM r.20 FINE VERBENAS FOR $1. Anvnt hpfnltaittnu- named nlanii lent DV mall, ipobtao paM, lit i'tu ma uili. A three mru tor Iz&cctilf, or lllletii tot 1. No order rfteUfUor: leu luua trill. i-iKiuias, imuuium.) i.iuua IZonnlo, mnttnl im1 Ivy. li-t,'jnluj, Cdnmtlwis, iFlnki. CMLu.jr(M, ItuaUt Whl, Aj,t,iIuiii, AUulll'll,t II raitillllB, lOi"u, jauhH, irMiii Jtheiiiuitid. jiii'l;- i'iil-iA. (-'u plif a, Kiiutureuum, BHte)js, T "im, H'-llotriiMji, riftrTiHfiilruiii, lLiU.1i.i,in,)iruU.l,lIi-.i,Siiilla.,D..ul,t' !VlnnU, KUrMti Cuiili jilruiu. V rotili fl ((no u.lLiI - Iter, ItiUiiii, IVlitnU, I'IiIak nnd 'Vtrhcmt tor lh Hcenti. My IlItuiriitMl Catalfuu.- ot b.1 J'UhIa, ljft't(iJ lor it. at id any in iiirxcii vi mv uimivk l&eaa&UHOJJ recupiof uict-nu. A'Jurt'i BUSINESS COLLIifcr CAM FRANCISrhySS5S-v LIMaBMmiBBn . Published Quarterly. Jakvabv Nuhufk Just Issued, and contains over 100 I'acies.BOO Kngravincs, descriptions of more than S00 of our best Flowers and vegetables, with Directions for Culture, Colombo Plate, etc. The most useful and elegant work o' the kind in the world.--Only 35 cents for the yea. Published in English and German. Addrcu. JAMES VICK, Rochester, N. Y. mmr& m. mBwW inOTPIg, BIFtES.PISTOI.Sjs. BETOLTEM. Of asi aai mi au4. StaStian usMtTtlTN Warlu, lltukarab.ia.