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From the Rolls-Royce experimental archive: a quarter of a million communications from Rolls-Royce, 1906 to 1960's. Documents from the Sir Henry Royce Memorial Foundation (SHRMF).
Legal position on a new servo patent in relation to an existing Hispano patent.

Identifier  ExFiles\Box 15\6\  Scan187
Date  11th November 1932
  
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c. Hs.{Lord Ernest Hives - Chair}
c. Hsy.
c. BY/NW.{N. Walker - Patents}

BY.7/G.11.11.32.

RE: SERVOS.
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Referring to your memo on the subject of Servos, (ref. R.H/M.7.11.32.) we took out a patent covering the form of servo which you describe in this memo, but since it introduced the free wheel in the train it was only possible to use the form under licence from Hispano.

With regard to the point raised in your last paragraph, the position is quite clear legally viz. that if a patent is taken out which incorporates the ideas of an earlier patent still in force, although the latter patent may be a better one, it is not possible to use it without paying a royalty or coming to some similar arrangement with the owner of the earlier one, we have assumed to exist.

In the particular case we have in mind, the earlier patent was the Hispano with a free wheel in the servo mechanism. The improved one is your scheme of two free wheels introduced to permit of the servo acting in both directions. Whilst the latter is undoubtedly an improvement, it is certainly anticipated by the former, and an arrangement would have to be come to with the Hispano Co.

[STAMP: RECEIVED NOV 11 1932]

BY.{R.W. Bailey - Chief Engineer} [Signature]
  
  


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