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.)
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 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.)[p. 85]
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.