[D9226AAJ2], Memorandum, Sherburne Blake Eaton, July 30th, 1892
https://edisondigital.rutgers.edu/document/D9226AAJ2
Transcription
Edison Australasian Patents Mr. Eatons Preliminary Report July 30, 1892 EDISON PATENTS IN AUSTRALIA Mr. Eaton's Report, July 30, 1892. NEW ZEALAND, NEW SOUTH WALES, VICTORIA, QUEENSLAND, SOUTH AUSTRALIA, TASMANIA, WEST AUSTRALIA, NATAL, CAPE OF GOOD HOPE and elsewhere in AUSTRALIA and SOUTH AFRICA and in INDIA AND CEYLON. Who owns the Edison patents for the above countries? The Brush Electrical Engineering Co., of London owns all patents and inventions up to June 12, 1887, for or relating to the "application of electricity or magnetism as a lighting, heating or motive agent". There is a possibility that this Company may be entitled to a six months' option upon inventions made subsequent to that date, but this is very doubtful and may be disregarded. Are electric railway patents included in the above? They are not. Under Mr. Edison's contract concerning the above territory, it is provided that he shall have a free and exclusive license for the use of all the patents for the purpose of "locomotion only, on railways or tramways or on common roads". That refers, no doubt, to patents or inventions which, like the dynamo, are susceptible of various uses, i.e., for instance, for lighting, heating and stationary power, as well as for railways. No mention is made of inventions which are solely and exclusively applicable to railways, and in view of the above provision regarding license, I am of opinion that Mr. Edison is entitled to retain the full title to all inventions relating exclusively to electric railways. Mr. Edison has received from the Brush Co. a free and exclusive license, under seal, to use for electric railway purposes all patents which he has heretofore assigned to that Company, all of them being of the class first mentioned above, namely, susceptible of various uses. What title can a third party acquire? As to all patents and inventions of a later date than June 12, 1887, Mr. Edison can, I think, give good and entire title. As to all of an earlier date, he can give good and entire title for inventions relating exclusively to electric railways, and can give a free and exclusive license for railway purposes, touching inventions susceptible of various uses.