Wende v. Horine

Citations

• 191 F. 620
• 1911 U.S. App. LEXIS 5535

Syllabus

<p>Patents (§ 95*) — Suit to Obtain Patent — Parties—Effect of Assignment by Inventor.</p> <p>The assignment by an applicant for a patent of all his right and title to the invention is effective and carries with it the right to the assignee to the patent when issued without express direction for its issuance to him and leaves no title, legal or equitable, in the assignor; but under the provisions of Rev. St. § 4895 (U. S. Comp. St. 1901, p. 3385), that notwithstanding an assignment an application for a patent shall be made by the inventor or discoverer, and of section 4915 (U. S. Comp. St. 1901, p. 3392), that a suit in equity to obtain a patent shall be brought by the “applicant,” the inventor may maintain such a suit in his own name, notwithstanding his assignment of his rights.</p> <p>[Ed. Note. — For other cases, see Patents, Cent. Dig. § 127; Dec. Dig. § 95.*]</p>