If it is the intention of the assignor to convey to the assignee the right to recover for past infringement of the patent, a clause like the following should be added:
And for the same consideration, I do hereby sell, assign and transfer unto the aforesaid corporation, all claims and demands, both at law and in equity, which may have accrued to me by reason of the infringement of the aforesaid Letters Patent with the right to sue and recover therefor in its own name and for its own use and behoof.
ASSIGNMENT OF AN UNDIVIDED INTEREST
Whereas, I, Richard Doe, of Philadelphia, County of Philadelphia, State of Pennsylvania, did obtain Letters Patent of the United States for improvements in Locomotive Headlights, which Letters Patent are numbered 000,000, and bear the date of June 26, 1900; and whereas, John Roe, of Philadelphia, County of Philadelphia and State of Pennsylvania, is desirous of acquiring an interest in the same: Now, therefore, this indenture witnesseth, that for and in consideration of the sum of one thousand dollars to me in hand paid by said John Roe, the receipt of which is hereby acknowledged, I do hereby sell, assign, and transfer unto the said John Roe, his heirs and assigns, one undivided one-half interest in and to[p. 97] the aforesaid Letters Patent and the invention therein patented; the same to be held and enjoyed by the said John Roe, his heirs and assigns to the full end of the term for which said Letters Patent are or may be granted as fully and entirely as the same would have been held and enjoyed by me if this assignment and sale had not been made.
And I do hereby declare that I have not conveyed to any other party the rights and interest herein transferred to the said John Roe.
Witness my hand and seal this tenth day of January, a.d. 1901,
Richard Doe.
In the presence of
John Smith,
Thos. Jones.