PATENTEE. He to whom a patent has been granted. The term is usually applied1 to one who has obtained letters-patent for a new invention.
2. His rights are, 1. To make, sell and enjoy the profits, during the existence, of his rights, of the invention or discovery patented. 2. To recover damages for a violation2 of such rights. 3. To have an injunction to prevent any infringement3 of such rights.
3. His duties are to supply the public, upon reasonable terms, with the thing patented.
PATER. Father. A term used in making genealogical tables.
PATER FAMILLIAS, civil law. One who was sui juris and consequently was not either under parental4 power, nor under that of a master; a child in his cradle, therefore, could have been pater familias, if he had neither a master nor a father. Lec. Elem. 127, 128.
PATERNA PATERNIS. This expression is used in the French law to signify that in a succession, the property coming from the father of the deceased, descends5 to his paternal6 relations.
PATERNAL. That which belongs to the father or comes from him: as, paternal power, paternal relation, paternal estate, paternal line. Vide Line.
PATERNAL POWER. Patria potestas, The, authority lawfully7 exercised by parents, over their children. It will be proper to consider, 1. Who are entitled to exercise this power. 2. Who are subject to it. 3. The extent of this power.
2. - 1. As a general rule the father is entitled to exert the paternal power over his children. But for certain reasons, when the father acts improperly9, and against the interest of those over whom nature and the law have given him authority, he loses his power over them. It being a rule that whenever the good of the child requires it, the courts will deliver the custody10 of the children to others than the father. And numerous instances may be found where, for good reasons, the custody will be given to the mother.
3. The father of a bastard11 child has no control over him; the mother has the right to the custody and control of such child. 2 Mass. 109; 12 Mass. 887.
4. - 2. All persous are subject to this power until they arrive at the full age of twenty-one years. A father may, however, to, a certain extent, deprive himself of this unlimited12 paternal power, first, by delegating it to others, as when he binds13 his son an apprentice14; and, secondly15, when he abandons his children, and permits them to act for themselves. 2 Verm. Cas. 290; 2 Watts16, 408 4 S. R. 207; 4 Mass. 675.
5. - 3. The principle upon which the law is, founded as to the extent of paternal power is, that it be exerted for the benefit of the child. The child is subject to the lawful8 commands of the father to attend to his business, because by being so subjected he acquires that discipline and the practice of attending to business, which will be useful to him in after life. He is liable to proper correction for the same reason. 1 Bouv. Inst. n. 326-33. See Correction; Father; Mother; Parent.
