405. Distinction between licence and assignment.

There is a fundamental distinction between a licence granted under a patent1 and an assignment of the patent2. An assignee stands in the place of the proprietor of the patent and derives his rights from the grant of the patent, whereas a licensee, although having a proprietary interest in the patent3, derives his title from the proprietor by a permission which permits him to do acts which would otherwise be prohibited and which confers upon him no rights as against the general public