[draft version:]

[Athenæum blind stamp]

Whitlock

2 Dec/53

My Sol^r h^s v^y cf^lly cons^d t sbj^t of y^r wish & applcⁿ t h^ve an ex. l f^r B^m b^t he is of opⁿ y^t my leg^l posⁿ as p^tee is not such as t en^ble me t g^ve an ex. l f^r any place, in y^e s^se in w^ch prob you und^de y^e term viz. y^t y sh^d be ptected ag^st y^e compⁿ of ps^ns pract^g y^e art w^out leave or lic^se I sh^d not wish any of my l^ees t b. plc^d in a fals posⁿ Suppos^g indd y^t I ass^nd y^e p. rights as far as reg^ds B t you, y^e ex^pse & tr^ble of p^ng inf^s w^d fall on y, my in^est in y^e m^tr h^vg c^sdas reg^ds B. & it is not cl^r y^t y c^d succ^d in p^g y^r dⁿ, h^vg only a di^vd right in y^e P & not a pfect or orig^l Right. For these rs^ns it is m^ch b^r n^t t attmpt w^t cannot be in his opⁿ satisf^y c^d out & I ought t retⁿ in ev^y place y^e full p^r of p^g d^se infringers by act^ns com^ced ags^t y^m in my own name

[expanded version:]

[Athenæum blind stamp]

Whitlock

2 December 1853

My solicitor has very carefully considered the subject of your wish and application to have an exclusive license for Birmingham but he is of opinion that my legal position as patentee is not such as to enable me to give an exclusive license for any place, in the sense in which probably you understand the term. Namely, that you should be protected against the competition of persons practicing the art without leave or license. I should not wish any of my licensees to be placed in a false position. Supposing indeed that I assigned the patent rights as far as regards Birmingham to you, the expense and trouble of prosecuting infringements would fall on you, my interest in the matter having ceased as regards Birmingham, and it is not clear that you could succeed in pressing your demands, having only a divided right in the patent and not a perfect or original Right. For these reasons it is much better not to attempt what cannot be in his opinion satisfactorily carried out and I ought to retain in every place the full practice of prosecuting diverse infringers by actions commenced against them in my own name.