Patent Laws of the Republic of Hawaii - and Rules of Practice in the Patent Office

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Title: Patent Laws of the Republic of Hawaii - and Rules of Practice in the Patent Office
Author: Hawaii
Language: English
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PATENT LAWS
OF
THE REPUBLIC OF HAWAII,
AND
RULES OF PRACTICE
IN
THE PATENT OFFICE.

_FIFTH EDITION, 1897._

HONOLULU:
HAWAIIAN GAZETTE COMPANY.
1897.

PATENT LAWS
OF THE
REPUBLIC OF HAWAII.

ACTS NOW IN FORCE.

AN ACT

TO REGULATE THE ISSUING OF PATENTS.

_Be it Enacted by the King and the Legislative Assembly of
the Hawaiian Islands, in the Legislature of the Kingdom
Assembled_:

SECTION 1. All patents shall be issued in the name of His Majesty the
King, under the Seal of the Interior Department, and shall be signed by
the Minister of Interior and countersigned by the Commissioner of
Patents, and they shall be recorded together with the specifications in
the office of the Interior Department in books kept for the purpose.

SECTION 2. Every patent shall contain a short title or description of
the invention or discovery, correctly indicating its nature and design,
and a grant to the patentee, his heirs or assigns for the term of ten[A]
years, of the exclusive right to make, use and vend the invention or
discovery throughout the Hawaiian Islands, referring to the
specification for the particulars thereof. A copy of the specifications
and drawings shall be annexed to the patent and be a part thereof.

SECTION 3. Any person who has invented or discovered any new and useful
art, machine, manufacture, process or composition of matter, or any new
and useful improvement thereof not known or used by others in this
country, and not patented (or described in any printed publication) in
this or any foreign country before his invention or discovery thereof,
may, upon payment of the fees required by law, and other due proceedings
had, obtain a patent therefor. Provided, however, that any person who
has invented or discovered any new and useful art, machine, manufacture,
process or composition of matter, or any new and useful improvement
thereof, and has received a patent or patents therefor from any foreign
government may also obtain a patent therefor in this country as provided
above, unless the thing patented has been introduced into public use in
the Hawaiian Islands for more than one year prior to the application for
a patent. But every patent granted for an invention which has been
previously patented in a foreign country, shall be so limited that it
shall not continue longer than the time of the expiration of such
foreign patent, or if there are several foreign patents, it shall not
continue longer than the time of the expiration of the one with the
shortest unexpired term, and in no case shall it be in force more than
ten[A] years.

SECTION 4. Before any inventor or discoverer shall receive a patent for
his invention or discovery he shall apply therefor in writing to the
Minister of Interior, and shall file in the office of the Interior
Department a written description of the same and of the manner and
process of making, compounding and using it, in clear, concise and exact
terms and in case of a machine he shall explain the principle thereof
and of the manner in which he has applied that principle so as to
distinguish it from other inventions, and he shall particularly point
out and distinctly claim the part, improvement or combination which he
claims as his invention or discovery. When the nature of the case admits
of drawings the applicant shall furnish them as set forth in Section 2.
When the invention or discovery is of a composition of matter, the
applicant shall furnish a specimen of ingredients and of the
composition, sufficient in quantity for the purpose of experiment. In
all cases which admit of representation by model, the applicant shall,
if required, furnish a model of convenient size to exhibit
advantageously the several parts of his invention.

SECTION 5. The applicant shall make oath that he believes himself to be
the original and first inventor or discoverer of the art, machine,
manufacture, composition or improvement for which he solicits a patent,
and that, he does not know or believe that the same was ever before
known or used, and shall state of what country he is a citizen.

SECTION 6. On filing of any such application and the payment of the fees
required by law, the Commissioner of Patents shall examine the alleged
new invention or discovery, and if upon such examination it shall appear
that the claimant is justly entitled to a patent under the law and that
the same is sufficiently useful and important, he shall report
accordingly to the Minister of Interior, who shall cause a patent to be
issued therefor.

SECTION 7. Any person who makes any new invention or discovery, and
desires further time to mature the same, may on payment of the fees
required by law, file in the Interior Department a _caveat_ setting
forth the design thereof and its distinguishing characteristics, and
praying protection of his right until he shall have matured the
invention. Such _caveat_ shall be preserved in secrecy and shall be
operative for the term of one year from the filing thereof.

SECTION 8. The Commissioner of Patents shall be appointed by the
Minister of Interior and shall examine and report on all applications
for patents and shall receive for such services a fee of twenty dollars
for each application examined and reported by him, which fee shall be
paid by the applicant in advance. In addition to this fee the following
fees shall be charged all applicants for patents, upon filing each
original application for a patent, five dollars; and upon issuing a
patent, five dollars; and five dollars shall be charged for the filing
of a _caveat_.

SECTION 9. This Act shall take effect and become a law from and after
its publication, and "An Act to amend Section 255 and 256 of the Civil
Code, and add a new Section to the Civil Code to be numbered Section
256a," approved the twenty-second day of June, A. D. 1868, is hereby
repealed.

Approved this twenty-ninth day of August, A. D. 1884.

KALAKAUA REX.

[A] Amended to read "fifteen." Act 27, Laws of 1896.

AN ACT

TO AMEND AN ACT TO REGULATE THE ISSUING OF PATENTS, APPROVED THE
TWENTY-NINTH DAY OF AUGUST, 1884.

_Be it Enacted by the King and the Legislature of the
Hawaiian Kingdom_:

SECTION 1. That the said Act shall be amended by the addition thereto of
five new Sections, to be numbered Sections 10, 11, 12, 13 and 14, to
read as follows:

"SECTION 10. The Commissioner of Patents is hereby authorized to
administer oaths for all purposes connected with the business of his
office.

"SECTION 11. If, upon the examination of any application for a patent,
the Commissioner of Patents shall make a report adverse to the
applicant, he shall furnish to the applicant, or his attorney, a written
statement of his reasons for such report, and the applicant may
thereupon amend his application, or, within ninety days thereafter, may
appeal to the Supreme Court in Banco; and, if such appeal shall be made,
said applicant shall file in the office of the Minister of the Interior,
at least twenty days before the hearing by said Court, his reasons for
appeal, specifically set forth in writing, and give to the said Minister
of the Interior at least ten days' notice of the time and place of such
hearing.

"SECTION 12. The Court shall hear and determine such appeal, and shall
file in the office of the Minister of the Interior a certificate of its
decision, and such decision shall determine the further proceedings in
the case.

"If such decision be in favor of the applicant, the Minister of the
Interior shall cause to be issued the patent applied for, or such
modification thereof as shall be decided by said Court.

"SECTION 13. Damages for the infringement of any patent may be
recovered, by action on the case, in the Supreme Court, in the name of
the party interested. And the party aggrieved shall also have his
remedy, according to the course of equity, to enjoin such infringement,
and to recover compensation therefor.

"SECTION 14. The term infringement, as used in this Act, is defined to
mean the making, using or vending of any patented article without the
written consent of the owner of the patent thereon, or of his agent,
authorized to grant such consent."

SECTION 2. This Act shall take effect from and after the date of its
approval.

Approved this twenty-third day of June, A. D. 1888.

KALAKAUA REX.

BY THE KING:
L. A. THURSTON,
Minister of the Interior.

ACT 27.

AN ACT

TO AMEND SECTIONS 2 AND 3 OF AN ACT ENTITLED "AN ACT TO
REGULATE THE ISSUING OF PATENTS," APPROVED AUGUST 29, 1884,
AND TO ADD TWO NEW SECTIONS TO SAID ACT, AS AMENDED BY AN
ACT ENTITLED "AN ACT TO AMEND AN ACT REGULATING THE ISSUING
OF PATENTS," APPROVED THE 23RD DAY OF JUNE, 1888, TO BE
CALLED SECTIONS 15 AND 16.

_Be it Enacted by the Legislature of the Republic of Hawaii:_

SECTION 1. That Section 2 of an Act entitled "An Act to regulate the
issuing of Patents," approved August 29, 1884, is hereby amended by
striking out the word "ten" and inserting in its place the word
"fifteen," so that said Section as amended shall read as follows:

"SECTION 2. Every patent shall contain a short title or description of
the invention or discovery, correctly indicating its nature and design,
and a grant to the patentee, his heirs or assigns, for the term of
fifteen years, of the exclusive right to make, use and vend the
invention or discovery throughout the Hawaiian Islands, referring to the
specifications for the particulars thereof. A copy of the specifications
and drawings shall be annexed to the patent and be a part thereof:"

SECTION 2. That Section 3 of an Act entitled "An Act to regulate the
issuing of Patents," approved August 29, 1884, is hereby amended by
striking out the word "ten" and inserting in its place the word
"fifteen," so that said Section as amended shall read as follows:

"SECTION 3. Any person who has invented or discovered any new and useful
art, machine, manufacture, process or composition of matter, or any new
and useful improvement thereof not known or used by others in this
country, and not patented (or described in any printed publication) in
this or any foreign country before his invention or discovery thereof,
may, upon payment of the fees required by law, and other due proceedings
had, obtain a patent therefor. Provided, however, that any person who
has invented or discovered any new and useful art, machine, manufacture,
process or composition of matter, or any new and useful improvement
thereof, and has received a patent or patents therefor from any foreign
government, may also obtain a patent therefor in this country as
provided above, unless the thing patented has been introduced into
public use in the Hawaiian Islands for more than one year prior to the
application for a patent. But every patent granted for an invention
which has been previously patented in a foreign country, shall be so
limited that it shall not continue longer than the time of the
expiration of such foreign patent, or if there are several foreign
patents, it shall not continue longer than the time of the expiration of
the one with the shortest unexpired term, and in no case shall it be in
force more than fifteen years."

SECTION 3. That a new section to said Act, as amended by the Act
entitled "An Act to amend an Act to regulate the issuing of Patents,"
approved June 23rd, 1888, be added, to be called Section 15.

"SECTION 15. Whenever any patent is inoperative or invalid, by reason
of a defective or insufficient specification, or by reason of the
patentee claiming as his own invention or discovery more than he had a
right to claim as new, if the error has arisen by inadvertance, accident
or mistake, and without any fraudulent or deceptive intention, the
Minister of the Interior shall, on the surrender of such patent and the
payment of the same fees required by law upon the issue of an original
or first patent, cause a new patent for the same invention, and in
accordance with the corrected specification, to be issued to the
patentee, or, in the case of his death, or of an assignment of the whole
or any undivided part of the original patent, then to his executors,
administrators, or assigns, for the unexpired part of the term of the
original patent. Such surrender shall take effect upon the issue of the
amended patent. The Minister of the Interior may, in his discretion,
upon demand of the applicant, and upon payment of the same or first fee
required to be paid on the issuing of a patent, cause several patents to
be issued for distinct and separate parts of the thing patented. The
specifications and claim in every such case shall be subject to revision
and restriction in the same manner as original applications are. Every
patent so re-issued, together with the corrected specification, shall
have the same effect and operation in law, on the trial of all actions
for causes thereafter arising, as if the same had been originally filed
in such corrected form; but no new matter shall be introduced into the
specification, nor in case of a machine patent shall the model or
drawings be amended, except each by the other, but when there is neither
model nor drawing, amendments may be made upon proof satisfactory to the
Minister of the Interior, that such new matter or amendment was a part
of the original invention, and was omitted from the specification by
inadvertance, accident, or mistake, as aforesaid. Upon the filing of
any such application for a re-issue with the Minister of the Interior,
the same examination shall be had as is provided by Section 6 of the
"Act to Regulate the issuing of Patents," approved August 29th, 1884."

SECTION 4. That a new Section to said Act, as amended by the Act
entitled "An Act to amend an Act to regulate the issuing of Patents,"
approved June 23rd, 1888, be added, to be called Section 16.

"SECTION 16. Patents may be granted and issued and re-issued to the
assignee of the inventor or discoverer, but the assignment must first be
filed in the office of the Minister of the Interior. And in all cases of
an application by an assignee for the issue of a patent, the application
shall be made, and the specification signed as provided by law by the
inventor or discoverer. And in all cases of an application for a
re-issue of any patent, the application must be made, and the corrected
specification signed by the inventor or discoverer, if he is living."

SECTION 5. This Act shall take effect from the date of its approval.

Approved this 12th day of May, A. D. 1896.

SANFORD B. DOLE,
President of the Republic of Hawaii.

AN ACT

TO PROVIDE FOR THE REGISTRATION OF COPYRIGHTS.

_Be it Enacted by the King and the Legislature of the
Hawaiian Kingdom_:

SECTION 1. That from and after the date of the passage of this Act the
author of any map, book, chart, musical composition, print, cut,
engraving, photograph, painting, drawing or statue, or the author of any
model, or design, intended to be perfected and completed as a work of
the fine arts, or the heirs, executors or administrators of a deceased
author thereof, may procure a certificate of copyright therefor in the
manner hereinafter provided.

SECTION 2. Before anyone shall receive a certificate of copyright, an
application therefor shall be filed in the office of the Minister of the
Interior, verified by oath of the applicant, that such applicant is the
original and first author of the map, book, chart, musical composition,
print, cut, engraving, photograph, painting, drawing, statue, model or
design, intended to be perfected and completed as a work of the fine
arts, upon which a certificate of copyright is applied for, or if such
application shall be made by the legal representative of a deceased
author, such representative shall make oath that he believes that the
said deceased author was the original and first author of the said map,
book, chart, musical composition, print, cut, engraving, photograph,
painting, drawing or statue, or the model or design intended to be
perfected and completed as a work of the fine arts, and such applicant
shall state of what country he is a citizen. Such application shall be
accompanied by said oath, and by a copy of the said map, book, chart,
musical composition, print, cut, engraving, photograph, painting,
drawing, or statue, or the model or design intended to be perfected and
completed as a work of the fine arts, if the same shall have been
published, or, if the same shall not have been published, a copy of the
title thereof. All such copies shall be preserved in the Department of
the Interior, and all such titles shall be recorded in a book, to be
kept for that purpose, in said Department. If the said map, book, chart,
musical composition, print, cut, engraving, photograph, painting,
drawing, or statue, or, if the said model or design, intended to be
perfected and completed as a work of the fine arts, shall not have been
published at the time of filing said application, the person or persons
making said application shall, in order to the validity of the
certificate of copyright, provided in Section 4 of this Act, deliver or
cause to be delivered to the Minister of the Interior, a copy of such
map, book, chart, musical composition, print, cut, engraving,
photograph, painting, drawing, or statue, or of the model or design
intended to be perfected and completed as a work of the fine arts,
within one month after the publication thereof in this Kingdom.

SECTION 3. Upon filing such application the applicant shall pay to the
Minister of the Interior a fee of five dollars.

SECTION 4. Upon the filing of such application so accompanied, and the
payment of such fee, the Minister of the Interior shall cause to be
issued to the applicant a Certificate of Copyright, under the seal of
the Department of the Interior, granting to him and to his heirs,
executors, administrators and assigns the exclusive right to print,
re-print, publish, use and vend the said map, book, chart, musical
composition, print, cut, engraving, photograph, painting, drawing, or
statue, or the said model or design intended to be perfected and
completed as a work of the fine arts, throughout the Hawaiian Kingdom,
for the term of twenty years from the date thereof.

SECTION 5. No person shall maintain an action for the infringement of
his copyright, unless he shall give notice thereof by inserting in each
copy of his map, book, chart, musical composition, print, cut,
engraving, photograph, painting, drawing, or statue, or in his model or
design, intended to be perfected and completed as a work of the fine
arts, on the title page, or on the page immediately following it, if it
be a book, or if a map, chart, musical composition, print, cut,
engraving, photograph, painting, drawing or statue, or model or design
intended to be perfected and completed as a work of the fine arts, by
inscribing upon some visible portion thereof, or of the substance on
which the same shall be mounted, the words "_Hawaiian Copyright_," and
the name of the person to whom the Certificate of Copyright was issued,
and its date, thus: "_Hawaiian Copyright by A. B., June 10, 1888._"

SECTION 6. In the construction of this Act the words "print," "cut," and
"engraving," shall be applied only to pictorial illustrations, or works
connected with the fine arts, and no prints or labels designed to be
used for any other articles of manufacture shall be certified under the
Copyright Law.

SECTION 7. An Act entitled "An Act to Encourage Learning in this Kingdom
by Securing the Copies of Charts, Maps and Books to the Authors and
Proprietors of such Copies," approved the thirty-first day of December,
1864, and all other laws, and parts of laws, in conflict with the
provisions of this Act, are hereby repealed.

SECTION 8. This Act shall take effect from and after the date of its
approval.

Approved this twenty-third day of June, A. D. 1888.

KALAKAUA REX.

BY THE KING:
L. A. THURSTON,
Minister of the Interior.

AN ACT

TO PROVIDE FOR THE REGISTRATION OF PRINTS, LABELS AND TRADE MARKS.

_Be it Enacted by the King and the Legislature of the
Hawaiian Kingdom_:

SECTION 1. Any person or firm or any corporation desiring to secure the
exclusive use of any print, label or trade mark intended to be attached
or applied to any goods or manufactured articles, or to bottles, boxes
or packages containing such goods or manufactured articles to indicate
the name of the manufacturer, the contents of the packages, the quality
of the goods or directions for use, may obtain a certificate of the
registration of such print, label or trade mark in the manner
hereinafter provided.

SECTION 2. Before anyone shall receive a certificate of the registration
of a print, label or trade mark, he shall file in the office of the
Minister of the Interior an application for the registration of such
print, label or trade mark with a declaration verified by the oath of
the applicant; or if the application be made by a firm or a corporation,
by the oath of a member of such firm, or an officer of such corporation,
that he is or they are the sole or original proprietor or proprietors,
or the assign or assigns of such proprietor or proprietors of the goods
or manufactured articles for which such print, label or trade mark is to
be used, and describing such goods and manufactured articles, and the
manner in which such print, label or trade mark is to be used. Said
application shall be accompanied by two[B] exact copies of such print,
label or trade mark.

SECTION 3. Upon filing such application, the applicant or applicants
shall pay to the Minister of the Interior a fee of five dollars.

SECTION 4. Upon receiving such application so accompanied, and the
payment of such fee, the Minister of the Interior shall cause the said
print, label or trade mark to be recorded in a book to be kept for that
purpose, and shall issue to the applicant or applicants a certificate of
registration under the seal of the Department of the Interior; and such
certificate of registration shall secure to the applicant or applicants
the exclusive use of the said print, label or trade mark throughout the
Hawaiian Islands for the term of twenty years from the date thereof.

SECTION 5. This Act shall take effect from and after the date of its
approval.

Approved this twenty-third day of June, A. D. 1888.

KALAKAUA REX.

BY THE KING:
L. A. THURSTON,
Minister of the Interior.

[B] Note.--It has been found in practice that three copies are
necessary; one is filed with the Application and Oath, one is attached
to the Record, and one is attached to the certificate when issued.

RULES OF PRACTICE
IN THE
PATENT OFFICE
OF THE
REPUBLIC OF HAWAII.

The following regulations, designed to be in strict accordance with the
Laws of the Hawaiian Islands, relating to the granting of Patents for
inventions, and the registration of copyrights, prints, labels and trade
marks, are published for the guidance of all persons interested.

The observance of the appended forms in all cases to which they may be
applicable is recommended to inventors and attorneys.

C. B. RIPLEY,
_Commissioner of Patents._

APPROVED:
J. A. KING,
Minister of the Interior.

CORRESPONDENCE.

1--All business with the office should be transacted in writing. All
action of the office will be based exclusively on the written record.

2--All letters must be addressed to the Minister of the Interior.

3--Freight, postage or other charges on matter sent to the office must
be prepaid in full. Otherwise it will not be received.

4--The correspondence of the office will be held with the applicant,
unless he shall have appointed an attorney to represent him, or unless
he shall have assigned the entire interest of his invention, in either
of which cases the correspondence will be held with such attorney or
such assignee.

5--A separate letter, should in every case, be written in relation to
each distinct subject of inquiry or application.

INFORMATION TO CORRESPONDENTS.

6--The office cannot respond to inquiries as to the novelty of an
alleged invention in advance of an application for a patent.

7--_Caveats_, and pending applications, are preserved in secrecy. No
information will be given respecting the filing of any _caveat_ or
application for a patent without authority from the applicant, unless it
shall be necessary to the proper conduct of business before the office.

8--After a patent has been issued, the model, specification and drawings
are subject to general inspection, and copies, except of the model, will
be furnished on the terms published with these rules.

ATTORNEYS.

9--Any person of intelligence and good moral character, may appear as
the agent or the attorney-in-fact of an applicant upon filing a proper
power of attorney.

10--Powers of attorney may be revoked at any stage of the proceedings in
a case; and when so revoked, the office will communicate directly with
the applicant or such other attorney as he may appoint. The assignee of
the entire interest may be represented by an attorney of his own
selection.

APPLICANTS.

11--Any person who has invented or discovered any new and useful art,
machine, manufacture, process or composition of matter, or any new or
useful improvement thereof, not known or used by others in this country,
or described in any printed publication before his invention or
discovery thereof, may upon payment of the fees required by law and
other due proceedings had, obtain a patent therefor. Provided, also,
that if such person has received a patent or patents for his invention
or discovery from any foreign government, he may also obtain a patent
therefor in this country, unless the article patented has been
introduced into public use in the Hawaiian Islands for more than one
year prior to his application for a patent.

12--In case of the invention or discovery having been previously
patented in a foreign country, the patent issued in this country shall
be so limited that it shall not continue longer than the time of the
expiration of such foreign patent, or if there is more than one foreign
patent it shall not continue longer than the time of the expiration of
the one with the shortest unexpired term, and in no case shall it be in
force more than ten years.

THE APPLICATION.

13--Applications for Letters Patent must be made to the Minister of the
Interior in writing.

14--A complete application comprises the petition, specification, oath
and drawings, and the model or specimen when required, and the first fee
of twenty-five dollars. The petition, specification and oath must be
written in the English or the Hawaiian language.

15--No application for a patent will be placed upon the files for
examination until all of its parts except the model or specimen are
received.

THE PETITION.

16--The petition is a communication duly signed by the applicant, and
addressed to the Minister of the Interior, stating the name and
residence of the petitioner, and requesting the grant of a patent for
the invention therein designated by name, with a reference to the
specification for a full disclosure thereof.

THE SPECIFICATION.

17--The specification is a written description of the invention or
discovery, and of the manner and process of making, constructing,
compounding and using the same, and is required to be in such full,
clear, concise and exact terms as to enable any person skilled in the
art or science to which it appertains, or with which it is most nearly
connected, to make, construct, compound and use the same. It must
conclude with a specific and distinct claim or claims of the part,
improvement or combination which the applicant regards as his invention
or discovery.

18--The following order of arrangement should be observed in framing the
specifications:

First--Preamble, giving the name and residence of the applicant and the
title of the invention;

Second--General statement of the object and nature of the invention;

Third--Brief description of the drawings, showing what each view
represents;

Fourth--Detailed description explaining fully the alleged invention, and
the manner of constructing, practicing, operating and using it;

Fifth--Claim or claims;

Sixth--Signature of the inventor;

Seventh--Signature of two witnesses.

19--Where there are drawings the description will refer by figures to
the different views, and by letters or figures to the different parts.

20--The specification must be signed by the inventor or his attorney,
and the signature must be attested by two witnesses. Full names must be
given, and all names, whether of applicants or witnesses, must be
legibly written.

21--All of the papers must be written in a fair, legible hand, on but
one side of the paper, otherwise the office may require them to be
printed. All interlineations and erasures must be clearly marked in
marginal or foot notes, written on the same page. Legal cap paper, with
the lines numbered, is preferable, and a wide margin must be reserved
upon the left hand side of each page of the specification.

THE OATH.

22--The inventor must make oath that he does verily believe himself to
be the original and first inventor or discoverer of the art, machine,
manufacture, composition or improvement for which he solicits a patent.
That the same has not been patented to himself or others with his
knowledge or consent in any foreign country, or if the same has been so
patented, the details of, name, country, date, number and term must be
given; and that the same has not to his knowledge been introduced into
public use in the Hawaiian Islands for more than one year; that he does
not know or believe that the same was ever before known or used, and
shall state of what country he is a citizen, and his place of residence.

23--The oath may be made before any person within this Republic
authorized by law to administer oaths, or when the applicant resides in
any foreign country, before any Minister, Charge d'Affaires, Consul or
Commercial Agent, holding commission under the Hawaiian Government, or
before any Notary Public in such foreign country, the oath being
attested in all cases by the proper official seal of the officer before
whom oath is made.

When the oath is sworn before any official abroad, other than a Hawaiian
Consul or Agent, a certificate as to the authority of such official must
be obtained from such Consul or Agent under his official seal and
annexed thereto.

DRAWINGS.

24--The applicant for a patent is required by law to furnish drawings
of his invention where the nature of the case admits of it.

25--The drawings must be signed by the inventor, or his attorney, and
attested by two witnesses, and must show every feature of the invention
covered by claims.

26--The drawings to be in duplicate, one copy on heavy parchment, the
other copy on tracing cloth, the drawings to be made with india ink of
best quality and with pen only, every line and letter must be black. The
size of a sheet on which a drawing is made should be exactly 10×15
inches, one inch from its edges a single marginal line to be drawn,
leaving the "sight" 8×13 inches. Within this margin all work and
signatures must be included, one of the smaller sides of the sheet is
regarded as its top, and measuring downward from the marginal line a
space of not less than 1-1/4 inches is to be left blank for the
insertion of Title, Name, Number and Date.

27--The scale to which a drawing is made should be large enough to show
the mechanism without crowding, and more than one sheet may be used, if
necessary, to accomplish this end. Letters and figures of reference
should be carefully formed, and large enough to be plainly
distinguished. If the same part of the invention appears in more than
one view of the drawing, it must always be represented by the same
character; and the same character must never be used to designate
different parts.

28--No agent's or attorney's stamp, or advertisement, or written
address, will be permitted upon a drawing.

Should the application be found incomplete under the above rules and be
returned from the Minister of the Interior for amendment, the same must
be again filed within thirty days, if the applicant is a resident of
the Hawaiian Islands, or within four months if residing in a foreign
country; otherwise it will be barred, if interfering with another
application filed during the interval and covering the same invention or
improvement.

THE MODEL.

29--A model will not be required as part of the application unless on
examination of the case it shall be found to be necessary or useful;
when, if so found, the Commissioner of Patents shall, in writing, notify
the applicant, and action in the case shall be suspended until a model
is furnished.

30--The model must clearly exhibit every feature of the machine which
forms the subject of a claim of invention, but should not include other
matter than that covered by the actual invention or improvement, unless
it shall be necessary to the exhibition of the invention in a working
model.

31--The model must be neatly and substantially made of durable material,
metal being deemed preferable; but when a material forms an essential
feature of the invention, the model will be constructed of that
material.

32--The model must not be more than one foot in length, width or height,
unless the Commissioner of Patents shall admit working models of
complicated machines of larger dimensions.

33--Models belonging to patented cases will not be taken from the office
except in the custody of a sworn employee especially authorized by the
Commissioner of Patents.

SPECIMENS.

34--When the invention or discovery is of a composition of matter the
applicant shall furnish a specimen of the composition and of its
ingredients sufficient in quantity for the purpose of experiment.

35--In all cases where the article is not perishable a specimen of the
composition claimed, put up in proper form to be preserved in the office
must be furnished.

INTERFERENCES.

36--An interference is a proceeding instituted for the purpose of
determining the question of priority of invention between two or more
parties claiming substantially the same patentable invention or
discovery.

37--If an application filed appears to claim substantially the same
invention for which a _caveat_ has been filed, the Commissioner of
Patents will notify the caveator to complete his application in three
months, and if upon the filing thereof it appears to be in conflict an
interference will be declared. If the caveator fails to complete his
application within the time designated, or such further time as for
cause shown may be granted to him, the Commissioner of Patents will
proceed to examine the first named application as if there were no
_caveat_.

38--Each party to the interference will be required to file a concise
statement under oath showing the date of his original conception of the
invention, of illustration by drawing or model, of its disclosure to
others of its completion and of the extent of its use.

39--Testimony in such cases may be taken orally before the Commissioner
of Patents, at such time as he may designate, or it may be taken by
commission according to the forms usual in the Courts of the Republic.

40--After the testimony is closed the case shall be carefully examined
by the Commissioner of Patents and adjudicated upon the proofs
presented.

CAVEATS.

41--A _caveat_ under the patent law is a notice given to the office of
the caveator's claim as inventor, in order to prevent the grant of a
patent to another for the same alleged invention upon an application
filed during the life of the _caveat_, without notice to the caveator.

42--A _caveat_ may be filed in the Interior Department by any person who
has made any new invention or discovery, and desires further time to
mature the same, upon payment of the fee required by law. Such _caveat_
shall be preserved in secrecy, and shall be operative for the term of
one year from the date of filing.

43--The _caveat_ must comprise a petition, a specification, an oath, and
when the nature of the case admits of it, a drawing, and must be limited
to a single invention or improvement. The attest of oath must comply
with Rule 23.

APPEALS.

44--Appeal from an adverse report of the Commissioner of Patents lies to
the Supreme Court in Banco. The Commissioner of Patents will furnish,
through the Minister of the Interior, to the applicant or to his
attorney, a written statement of his reasons for such report, whereupon
the applicant may amend his application or may, within ninety days
after such written statement is furnished to him or to his attorney, or
mailed in the Post-office at Honolulu, addressed to him or to his
attorney, appeal to the Supreme Court in Banco.

In case of appeal the applicant shall file in the office of the Minister
of the Interior at least twenty days before the hearing by said Court,
his reasons for appeal specifically set forth in writing, and shall give
to said Minister at least ten days' notice in writing of the time and
place of such hearing.

45--A Certificate of Copyright may be procured by the author of any map,
book, chart, musical composition, print, cut, engraving, photograph,
painting, drawing or statue, or the author of any model or design
intended to be perfected and completed as a work of the fine arts, or by
the heirs, executors or administrators of a deceased author thereof. The
words "print," "cut," and "engraving," shall be applied only to
pictorial illustrations or works connected with the fine arts, and no
print or label designed to be used for other articles of manufacture
shall be certified under the copyright law.

APPLICATION FOR COPYRIGHT.

46--The application for a certificate of copyright is a communication
signed by the applicant and addressed to the Minister of the Interior,
stating that such applicant is the original and first author of the
article upon which a certificate of copyright is applied for, and of
what country he is a citizen. If application be made by the
representative of a deceased author, such applicant shall state that he
is the heir, executor or administrator (as the case may be) of such
deceased author, that he believes that said deceased author was the
original and first author of the article upon which a certificate of
copyright is applied for, and of what country he--such
representative--is a citizen. Such statement shall be verified by the
oath of the applicant, and accompanied by a copy of the article upon
which a certificate of copyright is applied for, if the same shall have
been published; or, if the same shall not have been published, a copy of
the title thereof. In case such article shall not have been published at
the time of filing the application, a copy thereof shall be delivered to
the Minister of the Interior within one month after the publication
thereof in this Republic. The duration of a copyright is twenty years.
The attest of oath must comply with Rule 23.

PRINTS, LABELS AND TRADE-MARKS.

47--A certificate of the registration of any print, label or trade-mark
intended to be attached or applied to any goods or manufactured
articles, or to bottles, boxes or packages containing the same to
indicate the name of the manufacturer, the contents of the packages, the
quality of the goods, or directions for use, may be secured by any
person, firm or corporation.

APPLICATION FOR THE REGISTRATION OF A PRINT, LABEL OR TRADE-MARK.

48--The application for a certificate of registration for a print, label
or trade-mark is a declaration signed by the applicant or applicants and
addressed to the Minister of the Interior, stating that such applicant
is, or such applicants are, the sole and original proprietor or
proprietors, or the assign or assigns, of such proprietor or
proprietors of the goods or manufactured articles for which such print,
label or trade-mark is to be used, and describing such goods and
manufactured articles and the manner in which such print, label or
trade-mark is to be used.

Such declaration shall be verified by the oath of the applicant; or, if
the application be made by a firm or a corporation, by the oath of a
member of such firm or an officer of such corporation, and accompanied
by three[C] exact copies of such print, label or trade-mark. The
duration of the registration of a print, label or trade-mark is twenty
years. The attest of oath must comply with Rule 23.

ASSIGNMENTS.

49--Every patent, every certificate of copyright and every certificate
of registration of a print, label or trade-mark, or interest therein,
shall be assignable in law by an instrument in writing; and the
patentee, or his assigns, or legal representatives may, in like manner,
grant and convey an exclusive right under his patent, or his certificate
of resignation, to the whole or any specified part of the Hawaiian
Republic. Such assignments must be executed and acknowledged in the same
manner which is prescribed by law for conveyances of real property, and
must be filed for record (in the office of the Registrar of Conveyances)
within three months after execution.

FEES.

50--On filing an application for a patent $25 00
On filing a _caveat_ 5 00
On filing an application for copyright 5 00
On filing an application for print, label or
trademark 5 00
On the issue of a patent 5 00
For copies of records, for every one hundred words,
or fraction thereof 50
For translation of every one hundred words, or
fraction thereof 1 00
For copies of drawings, the cost of making them
For Revenue Stamp on each patent 10 00
For recording every assignment, for every one hundred
words, or fraction thereof 50

[C] NOTE.--The law calls for two exact copies of the print, label or
trade-mark, but in practice it is found that three are necessary.

FORMS.

NO. 1.--PETITION FOR A PATENT.

TO THE MINISTER OF THE INTERIOR:

Your Petitioner,----, a citizen (or subject) of----, residing at----,
prays that Letters Patent be granted to him for the improvement in----,
set forth in the annexed specification.

(_Signature of Applicant._)

NO. 2.--CAVEAT.

TO THE MINISTER OF THE INTERIOR:

The Petition of----, a citizen (or subject) of----, residing at----,
represents that he has made certain improvements in----, and desires
further time to mature the same. He, therefore, prays the protection of
his right until he shall have matured his invention, and that the
subjoined description thereof may be filed as a _caveat_, in the
confidential archives of the office, and preserved in secrecy.

(_Signature of Applicant._)

NO. 3.--OATH FOR PATENT OR CAVEAT.

HAWAIIAN ISLANDS, } _ss._
_Island of_ --------}

----, the above named Petitioner, residing at----, being duly sworn,
deposes and says, that he verily believes himself to be the original,
first and sole inventor of the improvement in----, described and claimed
in the foregoing specification; that the same has not been patented to
himself or to others, with his knowledge or consent, except in the
following countries:----

--------------------------------------------------
Country. | No. | Date of Patent. | Term of years.
---------|-----|-----------------|----------------
| | |
.........|.....|.................|................
| | |
.........|.....|.................|................
| | |
.........|.....|.................|................
--------------------------------------------------

That the same has not, to his knowledge, been introduced into public use
in the Hawaiian Islands for more than one year prior to his application
for a Patent; and he does not know or believe that the same was ever
before known or used; and that he is a citizen (or subject) of----.

(_Inventor's full Name._)

Sworn to and subscribed before me,
this ---- day of ----, A. D. 18--.

[L. S.] (_Signature of Notary._)
(See Rule 23.)

NO. 4.--PETITION FOR CERTIFICATE OF COPYRIGHT BY AN AUTHOR.

TO THE MINISTER OF THE INTERIOR:

Your Petitioner,----, a citizen (or subject) of----, residing at----,
prays that a Certificate of Copyright be issued to him for---- (describe
the article)---- a copy whereof is filed herewith.

(_Author's full Name._)

NO. 5.--OATH OF APPLICANT FOR CERTIFICATE OF COPYRIGHT.

HAWAIIAN ISLANDS, } _ss._
_Island of_ --------}

----, the above named Petitioner, residing at----, being duly sworn,
deposes and says, that he is the original and first author of----
(describe the article)---- in the foregoing petition mentioned, and that
he is a citizen (or subject) of----.

(_Author's full Name._)

Sworn to and subscribed before me,
this ---- day of ----, A. D. 18--.

[L. S.] (_Signature of Notary._)
(See Rule 23.)

NO. 6.--PETITION FOR CERTIFICATE OF COPYRIGHT BY THE REPRESENTATIVE OF A
DECEASED AUTHOR.

TO THE MINISTER OF THE INTERIOR:

Your petitioner,----, a citizen (or subject) of----, residing at----,
prays that a Certificate of Copyright be issued to him as the (heir,
executor or administrator) of----, deceased, for----, (describe the
article)----, a copy whereof is filed herewith.

(_Signature of Petitioner._)

NO. 7.--OATH OF APPLICANT FOR CERTIFICATE OF COPYRIGHT ON THE WORK OF A
DECEASED AUTHOR.

HAWAIIAN ISLANDS, } _ss._
_Island of_ --------}

----, the above named Petitioner, residing at----, being duly sworn,
deposes and says, that he is the (heir, executor or administrator)
of----, deceased, that he verily believes that the said----, deceased,
was the original and first author of---- (describe the article)----, in
the foregoing petition mentioned; and that he is a citizen (or subject)
of----.

(_Petitioner's full Name._)

Sworn to and subscribed before me,
this ---- day of ----, A. D. 18--.

[L. S.] (_Signature of Notary._)
(See Rule 23.)

NO. 8.--PETITION FOR CERTIFICATE OF REGISTRATION OF PRINT, LABEL OR
TRADE-MARK.

TO THE MINISTER OF THE INTERIOR:

Your petitioner,----, a citizen (or subject) of----, residing at----,
prays that a Certificate of Registration of the----, (print, label or
trade-mark, as the case may be), three copies whereof are filed
herewith, be issued to (name of person, firm or corporation.)

(_Signature of Petitioner._)

NO. 9.--OATH OF APPLICANT FOR CERTIFICATE OF REGISTRATION OF PRINT,
LABEL OR TRADE-MARK.

HAWAIIAN ISLANDS, } _ss._
_Island of_ --------}

----, residing at----, being duly sworn, deposes and says, that he is
the Petitioner in the foregoing petition named, and is (a member of the
firm of----, or the---- kind of officer----, of----, name of
corporation----), that he is (or they are) the sole and original
proprietor (or proprietors) (or the assign or assigns) of----, name of
the original proprietor or proprietors----, of the----, (describe the
goods or manufactured articles for which the print, label or trade-mark
is to be used) and that the said (print, label or trade-mark) is to be
used in the following manner, to wit: (describe the method of using.)

(_Signature of Petitioner._)

Sworn to and subscribed before me,
this ---- day of ----, A. D. 18--.

[L. S.] (_Signature of Notary._)
(See Rule 23.)

INDEX.
RULE. NO.

Administrators and Executors 45, 46
Adverse Reports 44
Affidavits 38
Amendments 44
Appeals 44
Applicants 11, 12
Application for Patent 13 to 15
Application for Copyright 46
Application for Print, Label or Trade-Mark 48
Assignee 4, 10, 48, 49
Assignments 49
Attorneys 9, 10

Caveats 7, 37, 41 to 43
Claims 17, 18
Composition of Matter 11, 34, 35
Copies 8, 50
Copyright Law page 11
Copyrights, Duration of 46
Copyrights, Who May Procure 45, 46
Correspondence 1 to 5
Correspondents, Information to 6 to 8

Depositions 39
Drawings 24 to 28
Duration of Copyright 46
Duration of Patent 12
Duration of Print, Label or Trade-Mark 48

Evidence 39, 40
Examination 15, 37, 40
Executors 45, 46

Fees 50
Foreign Patents 11, 12, 22
Freight and Charges 3

Hearing, Notice of 44

Information to Correspondents 6 to 8
Interferences 36 to 40

Label, Duration of 48
Label, Registration of 47, 48
Language 14

Models 8, 15, 29 to 33

Notice 29, 37, 44

Oath Before Whom Taken 23
Oath to Copyright 46
Oath to Patent 22, 23
Oath to Print, Label or Trade-Mark 48

Patent, Duration of 12
Patent Laws pages 1 to 10
Patent, Who May Obtain 11
Petition for Copyright 46
Petition for Patent 16
Petition for Print, Label or Trade-Mark 48

Postage 3
Power of Attorney 9, 10
Previous Foreign Patent 12
Print, Duration of 48
Print, Label and Trade-Mark Law pages 15 and 16
Print, Registration of 47, 48
Priority of Invention 36

Reasons for Adverse Report 44
Record of Assignments 49
Record, Subject to General Inspection 8
Re-examination 40
Removal of Models 33
Revocation of Power of Attorney 10

Signatures 18, 20, 25, 26
Specifications 14, 17 to 21
Specimens 15, 34, 35
Substitution of Attorney 10
Supreme Court, Appeal to 44

Testimony 39, 40
Trade-Mark, Duration of 48
Trade-Mark, Registration of 47, 48
Translation, (see Fees) 50

INDEX TO FORMS.
FORM. PAGE.

Petition for Patent 1 31
Caveat 2 31
Oath for Patent or Caveat 3 31
Petition for Copyright by Author 4 32
Oath to Petition for Copyright by Author 5 33
Petition for Copyright by Representative of a Deceased Author 6 33
Oath to Application for Copyright on Work of a Deceased Author 7 34
Petition for Registration of Print, Label or Trade-Mark 8 34
Oath of Applicant for Registration of Print, Label or Trade-Mark 9 35

*** End of this LibraryBlog Digital Book "Patent Laws of the Republic of Hawaii - and Rules of Practice in the Patent Office" ***

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