8
cent, has been considered a fair royalty in some cases, while
in others three per cent, has been awarded, but when a fixed
amount has been stated the sum has worked out in terms of the
full price of the machine as low as two and a half per cent, in
exceptional cases.
The licence granted is usually not an exclusive one, nor is
it always for a fixed period, but it is unlikely that any other
person would be granted a licence if the original licensee
actually carries out the invention and does not hold the
licence as a negotiating instrument or as a means solely to
prevent any other person from using the invention for the
public interest.
The Board of Trade may revoke the licence if they are of
opinion that such was obtained by misrepresentation, whether
intentional or not, or that material facts were not made
known at the time of the grant.
The licence may also be revoked by the Board of Trade
upon the application of the licensee should the patentee or
owner of the patent have offered him another definite licence
upon terms considered reasonable by the Board of Trade.
The term for which the licence is granted by the Board of
of Trade when suspending a patent in favour of a licensee is
stated to be “ for and during the period not exceeding the
unexpired residue of the term of the said Letters Patent
during which the Suspension Order shall be ixu force,” but it
is extremely improbable that a second licence will be granted
to any person while one suspension licence exists, unless it
could be shown that the original licensee had failed to satisfy
the reasonable requirements of the public w r ith regard to the
patented invention, or that unreasonable and excessive prices
had been charged for the articles made under licence.
Records to be Kept.
The licensee is required to keep books in which particulars
are recorded of all articles sold, particulars also of all patent
articles made for the licensee by others, and particulars of
all such articles sold, prices charged for them, their actual cost
of manufacture, and prices paid for them by the licensee if
any other person has manufactured them to his order.