Steiner v. Braunstein

Appellate Terms of the Supreme Court of New York

Steiner v. Braunstein

157 Misc. 273, 283 N.Y.S. 198, 1935 N.Y. Misc. LEXIS 1535

Appellate Terms of the Supreme Court of New York·Decided October 22, 1935·Published

Opinion

Per Curiam.

An agreement by an inventor with the licensee of his patent to submit to the licensee any improvements or inventions which affect the patent, does not obligate the inventor to invent or make improvements and no such obligation will be [274]*274implied. (Fraser v. Kent, 194 App. Div. 742.) Such an agreement is not personal and, therefore, is assignable. (Rosenthal Paper Co. v. Nat. Folding Box & Paper Co., 226 N. Y. 313.)

Judgment reversed, with costs, and judgment directed for plaintiff as demanded in the complaint.

All concur. Present — Lydon, Callahan and Shientag, JJ.

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Per Curiam.

An agreement by an inventor with the licensee of his patent to submit to the licensee any improvements or inventions which affect the patent, does not obligate the inventor to invent or make improvements and no such obligation will be [274]*274implied. (Fraser v. Kent, 194 App. Div. 742.) Such an agreement is not personal and, therefore, is assignable. (Rosenthal Paper Co. v. Nat. Folding Box & Paper Co., 226 N. Y. 313.)

Judgment reversed, with costs, and judgment directed for plaintiff as demanded in the complaint.

All concur. Present — Lydon, Callahan and Shientag, JJ.

Steiner v. Braunstein, 157 Misc. 273, 283 N.Y.S. 198, 1935 N.Y. Misc. LEXIS 1535 (N.Y. Ct. App. 1935).

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Opinion

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