PATENT LAWSOFTHE REPUBLIC OF HAWAII, ANDRULES OF PRACTICEINTHE PATENT OFFICE. _FIFTH EDITION, 1897. _ HONOLULU:HAWAIIAN GAZETTE COMPANY. 1897. PATENT LAWSOF THEREPUBLIC 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 theKing, under the Seal of the Interior Department, and shall be signed bythe Minister of Interior and countersigned by the Commissioner ofPatents, and they shall be recorded together with the specifications inthe office of the Interior Department in books kept for the purpose. SECTION 2. Every patent shall contain a short title or description ofthe 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 ordiscovery throughout the Hawaiian Islands, referring to thespecification for the particulars thereof. A copy of the specificationsand drawings shall be annexed to the patent and be a part thereof. SECTION 3. Any person who has invented or discovered any new and usefulart, machine, manufacture, process or composition of matter, or any newand useful improvement thereof not known or used by others in thiscountry, and not patented (or described in any printed publication) inthis or any foreign country before his invention or discovery thereof, may, upon payment of the fees required by law, and other due proceedingshad, obtain a patent therefor. Provided, however, that any person whohas invented or discovered any new and useful art, machine, manufacture, process or composition of matter, or any new and useful improvementthereof, and has received a patent or patents therefor from any foreigngovernment may also obtain a patent therefor in this country as providedabove, unless the thing patented has been introduced into public use inthe Hawaiian Islands for more than one year prior to the application fora patent. But every patent granted for an invention which has beenpreviously patented in a foreign country, shall be so limited that itshall not continue longer than the time of the expiration of suchforeign patent, or if there are several foreign patents, it shall notcontinue longer than the time of the expiration of the one with theshortest unexpired term, and in no case shall it be in force more thanten[A] years. SECTION 4. Before any inventor or discoverer shall receive a patent forhis invention or discovery he shall apply therefor in writing to theMinister of Interior, and shall file in the office of the InteriorDepartment a written description of the same and of the manner andprocess of making, compounding and using it, in clear, concise and exactterms and in case of a machine he shall explain the principle thereofand of the manner in which he has applied that principle so as todistinguish it from other inventions, and he shall particularly pointout and distinctly claim the part, improvement or combination which heclaims as his invention or discovery. When the nature of the case admitsof drawings the applicant shall furnish them as set forth in Section 2. When the invention or discovery is of a composition of matter, theapplicant shall furnish a specimen of ingredients and of thecomposition, sufficient in quantity for the purpose of experiment. Inall cases which admit of representation by model, the applicant shall, if required, furnish a model of convenient size to exhibitadvantageously the several parts of his invention. SECTION 5. The applicant shall make oath that he believes himself to bethe 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 beforeknown 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 feesrequired by law, the Commissioner of Patents shall examine the allegednew invention or discovery, and if upon such examination it shall appearthat the claimant is justly entitled to a patent under the law and thatthe same is sufficiently useful and important, he shall reportaccordingly to the Minister of Interior, who shall cause a patent to beissued therefor. SECTION 7. Any person who makes any new invention or discovery, anddesires further time to mature the same, may on payment of the feesrequired by law, file in the Interior Department a _caveat_ settingforth the design thereof and its distinguishing characteristics, andpraying protection of his right until he shall have matured theinvention. Such _caveat_ shall be preserved in secrecy and shall beoperative for the term of one year from the filing thereof. SECTION 8. The Commissioner of Patents shall be appointed by theMinister of Interior and shall examine and report on all applicationsfor patents and shall receive for such services a fee of twenty dollarsfor each application examined and reported by him, which fee shall bepaid by the applicant in advance. In addition to this fee the followingfees shall be charged all applicants for patents, upon filing eachoriginal application for a patent, five dollars; and upon issuing apatent, five dollars; and five dollars shall be charged for the filingof a _caveat_. SECTION 9. This Act shall take effect and become a law from and afterits publication, and "An Act to amend Section 255 and 256 of the CivilCode, and add a new Section to the Civil Code to be numbered Section256a, " approved the twenty-second day of June, A. D. 1868, is herebyrepealed. 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 THETWENTY-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 offive new Sections, to be numbered Sections 10, 11, 12, 13 and 14, toread as follows: "SECTION 10. The Commissioner of Patents is hereby authorized toadminister oaths for all purposes connected with the business of hisoffice. "SECTION 11. If, upon the examination of any application for a patent, the Commissioner of Patents shall make a report adverse to theapplicant, he shall furnish to the applicant, or his attorney, a writtenstatement of his reasons for such report, and the applicant maythereupon amend his application, or, within ninety days thereafter, mayappeal 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 forappeal, specifically set forth in writing, and give to the said Ministerof the Interior at least ten days' notice of the time and place of suchhearing. "SECTION 12. The Court shall hear and determine such appeal, and shallfile in the office of the Minister of the Interior a certificate of itsdecision, and such decision shall determine the further proceedings inthe case. "If such decision be in favor of the applicant, the Minister of theInterior shall cause to be issued the patent applied for, or suchmodification thereof as shall be decided by said Court. "SECTION 13. Damages for the infringement of any patent may berecovered, by action on the case, in the Supreme Court, in the name ofthe party interested. And the party aggrieved shall also have hisremedy, 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 tomean the making, using or vending of any patented article without thewritten 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 itsapproval. 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 theissuing of Patents, " approved August 29, 1884, is hereby amended bystriking 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 ofthe invention or discovery, correctly indicating its nature and design, and a grant to the patentee, his heirs or assigns, for the term offifteen years, of the exclusive right to make, use and vend theinvention or discovery throughout the Hawaiian Islands, referring to thespecifications for the particulars thereof. A copy of the specificationsand 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 theissuing of Patents, " approved August 29, 1884, is hereby amended bystriking 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 usefulart, machine, manufacture, process or composition of matter, or any newand useful improvement thereof not known or used by others in thiscountry, and not patented (or described in any printed publication) inthis or any foreign country before his invention or discovery thereof, may, upon payment of the fees required by law, and other due proceedingshad, obtain a patent therefor. Provided, however, that any person whohas invented or discovered any new and useful art, machine, manufacture, process or composition of matter, or any new and useful improvementthereof, and has received a patent or patents therefor from any foreigngovernment, may also obtain a patent therefor in this country asprovided above, unless the thing patented has been introduced intopublic use in the Hawaiian Islands for more than one year prior to theapplication for a patent. But every patent granted for an inventionwhich has been previously patented in a foreign country, shall be solimited that it shall not continue longer than the time of theexpiration of such foreign patent, or if there are several foreignpatents, it shall not continue longer than the time of the expiration ofthe one with the shortest unexpired term, and in no case shall it be inforce more than fifteen years. " SECTION 3. That a new section to said Act, as amended by the Actentitled "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 reasonof a defective or insufficient specification, or by reason of thepatentee claiming as his own invention or discovery more than he had aright to claim as new, if the error has arisen by inadvertance, accidentor mistake, and without any fraudulent or deceptive intention, theMinister of the Interior shall, on the surrender of such patent and thepayment of the same fees required by law upon the issue of an originalor first patent, cause a new patent for the same invention, and inaccordance with the corrected specification, to be issued to thepatentee, or, in the case of his death, or of an assignment of the wholeor any undivided part of the original patent, then to his executors, administrators, or assigns, for the unexpired part of the term of theoriginal patent. Such surrender shall take effect upon the issue of theamended patent. The Minister of the Interior may, in his discretion, upon demand of the applicant, and upon payment of the same or first feerequired to be paid on the issuing of a patent, cause several patents tobe issued for distinct and separate parts of the thing patented. Thespecifications and claim in every such case shall be subject to revisionand restriction in the same manner as original applications are. Everypatent so re-issued, together with the corrected specification, shallhave the same effect and operation in law, on the trial of all actionsfor causes thereafter arising, as if the same had been originally filedin such corrected form; but no new matter shall be introduced into thespecification, nor in case of a machine patent shall the model ordrawings be amended, except each by the other, but when there is neithermodel nor drawing, amendments may be made upon proof satisfactory to theMinister of the Interior, that such new matter or amendment was a partof the original invention, and was omitted from the specification byinadvertance, accident, or mistake, as aforesaid. Upon the filing ofany 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 Actentitled "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 theassignee of the inventor or discoverer, but the assignment must first befiled in the office of the Minister of the Interior. And in all cases ofan application by an assignee for the issue of a patent, the applicationshall be made, and the specification signed as provided by law by theinventor or discoverer. And in all cases of an application for are-issue of any patent, the application must be made, and the correctedspecification 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 theauthor of any map, book, chart, musical composition, print, cut, engraving, photograph, painting, drawing or statue, or the author of anymodel, or design, intended to be perfected and completed as a work ofthe fine arts, or the heirs, executors or administrators of a deceasedauthor thereof, may procure a certificate of copyright therefor in themanner hereinafter provided. SECTION 2. Before anyone shall receive a certificate of copyright, anapplication therefor shall be filed in the office of the Minister of theInterior, verified by oath of the applicant, that such applicant is theoriginal and first author of the map, book, chart, musical composition, print, cut, engraving, photograph, painting, drawing, statue, model ordesign, intended to be perfected and completed as a work of the finearts, upon which a certificate of copyright is applied for, or if suchapplication shall be made by the legal representative of a deceasedauthor, such representative shall make oath that he believes that thesaid 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 beperfected and completed as a work of the fine arts, and such applicantshall state of what country he is a citizen. Such application shall beaccompanied 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 andcompleted as a work of the fine arts, if the same shall have beenpublished, or, if the same shall not have been published, a copy of thetitle thereof. All such copies shall be preserved in the Department ofthe Interior, and all such titles shall be recorded in a book, to bekept 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 beperfected and completed as a work of the fine arts, shall not have beenpublished at the time of filing said application, the person or personsmaking said application shall, in order to the validity of thecertificate of copyright, provided in Section 4 of this Act, deliver orcause to be delivered to the Minister of the Interior, a copy of suchmap, book, chart, musical composition, print, cut, engraving, photograph, painting, drawing, or statue, or of the model or designintended 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 theMinister of the Interior a fee of five dollars. SECTION 4. Upon the filing of such application so accompanied, and thepayment of such fee, the Minister of the Interior shall cause to beissued to the applicant a Certificate of Copyright, under the seal ofthe 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, musicalcomposition, print, cut, engraving, photograph, painting, drawing, orstatue, or the said model or design intended to be perfected andcompleted 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 ofhis copyright, unless he shall give notice thereof by inserting in eachcopy of his map, book, chart, musical composition, print, cut, engraving, photograph, painting, drawing, or statue, or in his model ordesign, intended to be perfected and completed as a work of the finearts, on the title page, or on the page immediately following it, if itbe a book, or if a map, chart, musical composition, print, cut, engraving, photograph, painting, drawing or statue, or model or designintended to be perfected and completed as a work of the fine arts, byinscribing upon some visible portion thereof, or of the substance onwhich the same shall be mounted, the words "_Hawaiian Copyright_, " andthe 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 worksconnected with the fine arts, and no prints or labels designed to beused for any other articles of manufacture shall be certified under theCopyright Law. SECTION 7. An Act entitled "An Act to Encourage Learning in this Kingdomby Securing the Copies of Charts, Maps and Books to the Authors andProprietors of such Copies, " approved the thirty-first day of December, 1864, and all other laws, and parts of laws, in conflict with theprovisions of this Act, are hereby repealed. SECTION 8. This Act shall take effect from and after the date of itsapproval. 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 theexclusive use of any print, label or trade mark intended to be attachedor applied to any goods or manufactured articles, or to bottles, boxesor packages containing such goods or manufactured articles to indicatethe name of the manufacturer, the contents of the packages, the qualityof the goods or directions for use, may obtain a certificate of theregistration of such print, label or trade mark in the mannerhereinafter provided. SECTION 2. Before anyone shall receive a certificate of the registrationof a print, label or trade mark, he shall file in the office of theMinister of the Interior an application for the registration of suchprint, label or trade mark with a declaration verified by the oath ofthe 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 goodsor manufactured articles for which such print, label or trade mark is tobe used, and describing such goods and manufactured articles, and themanner in which such print, label or trade mark is to be used. Saidapplication shall be accompanied by two[B] exact copies of such print, label or trade mark. SECTION 3. Upon filing such application, the applicant or applicantsshall pay to the Minister of the Interior a fee of five dollars. SECTION 4. Upon receiving such application so accompanied, and thepayment of such fee, the Minister of the Interior shall cause the saidprint, label or trade mark to be recorded in a book to be kept for thatpurpose, and shall issue to the applicant or applicants a certificate ofregistration under the seal of the Department of the Interior; and suchcertificate of registration shall secure to the applicant or applicantsthe exclusive use of the said print, label or trade mark throughout theHawaiian Islands for the term of twenty years from the date thereof. SECTION 5. This Act shall take effect from and after the date of itsapproval. 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 arenecessary; one is filed with the Application and Oath, one is attachedto the Record, and one is attached to the certificate when issued. RULES OF PRACTICEIN THEPATENT OFFICEOF THEREPUBLIC OF HAWAII. The following regulations, designed to be in strict accordance with theLaws of the Hawaiian Islands, relating to the granting of Patents forinventions, and the registration of copyrights, prints, labels and trademarks, are published for the guidance of all persons interested. The observance of the appended forms in all cases to which they may beapplicable 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. Allaction 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 mustbe 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 unlesshe shall have assigned the entire interest of his invention, in eitherof which cases the correspondence will be held with such attorney orsuch assignee. 5--A separate letter, should in every case, be written in relation toeach distinct subject of inquiry or application. INFORMATION TO CORRESPONDENTS. 6--The office cannot respond to inquiries as to the novelty of analleged invention in advance of an application for a patent. 7--_Caveats_, and pending applications, are preserved in secrecy. Noinformation will be given respecting the filing of any _caveat_ orapplication for a patent without authority from the applicant, unless itshall be necessary to the proper conduct of business before the office. 8--After a patent has been issued, the model, specification and drawingsare subject to general inspection, and copies, except of the model, willbe furnished on the terms published with these rules. ATTORNEYS. 9--Any person of intelligence and good moral character, may appear asthe agent or the attorney-in-fact of an applicant upon filing a properpower of attorney. 10--Powers of attorney may be revoked at any stage of the proceedings ina case; and when so revoked, the office will communicate directly withthe applicant or such other attorney as he may appoint. The assignee ofthe entire interest may be represented by an attorney of his ownselection. APPLICANTS. 11--Any person who has invented or discovered any new and useful art, machine, manufacture, process or composition of matter, or any new oruseful improvement thereof, not known or used by others in this country, or described in any printed publication before his invention ordiscovery thereof, may upon payment of the fees required by law andother due proceedings had, obtain a patent therefor. Provided, also, that if such person has received a patent or patents for his inventionor discovery from any foreign government, he may also obtain a patenttherefor in this country, unless the article patented has beenintroduced into public use in the Hawaiian Islands for more than oneyear prior to his application for a patent. 12--In case of the invention or discovery having been previouslypatented in a foreign country, the patent issued in this country shallbe so limited that it shall not continue longer than the time of theexpiration of such foreign patent, or if there is more than one foreignpatent it shall not continue longer than the time of the expiration ofthe one with the shortest unexpired term, and in no case shall it be inforce more than ten years. THE APPLICATION. 13--Applications for Letters Patent must be made to the Minister of theInterior in writing. 14--A complete application comprises the petition, specification, oathand drawings, and the model or specimen when required, and the first feeof twenty-five dollars. The petition, specification and oath must bewritten in the English or the Hawaiian language. 15--No application for a patent will be placed upon the files forexamination until all of its parts except the model or specimen arereceived. THE PETITION. 16--The petition is a communication duly signed by the applicant, andaddressed to the Minister of the Interior, stating the name andresidence of the petitioner, and requesting the grant of a patent forthe invention therein designated by name, with a reference to thespecification for a full disclosure thereof. THE SPECIFICATION. 17--The specification is a written description of the invention ordiscovery, 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 theart or science to which it appertains, or with which it is most nearlyconnected, to make, construct, compound and use the same. It mustconclude with a specific and distinct claim or claims of the part, improvement or combination which the applicant regards as his inventionor discovery. 18--The following order of arrangement should be observed in framing thespecifications: First--Preamble, giving the name and residence of the applicant and thetitle of the invention; Second--General statement of the object and nature of the invention; Third--Brief description of the drawings, showing what each viewrepresents; Fourth--Detailed description explaining fully the alleged invention, andthe 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 tothe 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 begiven, and all names, whether of applicants or witnesses, must belegibly written. 21--All of the papers must be written in a fair, legible hand, on butone side of the paper, otherwise the office may require them to beprinted. All interlineations and erasures must be clearly marked inmarginal or foot notes, written on the same page. Legal cap paper, withthe lines numbered, is preferable, and a wide margin must be reservedupon the left hand side of each page of the specification. THE OATH. 22--The inventor must make oath that he does verily believe himself tobe 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 hisknowledge or consent in any foreign country, or if the same has been sopatented, the details of, name, country, date, number and term must begiven; and that the same has not to his knowledge been introduced intopublic use in the Hawaiian Islands for more than one year; that he doesnot know or believe that the same was ever before known or used, andshall state of what country he is a citizen, and his place of residence. 23--The oath may be made before any person within this Republicauthorized by law to administer oaths, or when the applicant resides inany foreign country, before any Minister, Charge d'Affaires, Consul orCommercial Agent, holding commission under the Hawaiian Government, orbefore any Notary Public in such foreign country, the oath beingattested in all cases by the proper official seal of the officer beforewhom oath is made. When the oath is sworn before any official abroad, other than a HawaiianConsul or Agent, a certificate as to the authority of such official mustbe obtained from such Consul or Agent under his official seal andannexed thereto. DRAWINGS. 24--The applicant for a patent is required by law to furnish drawingsof his invention where the nature of the case admits of it. 25--The drawings must be signed by the inventor, or his attorney, andattested by two witnesses, and must show every feature of the inventioncovered by claims. 26--The drawings to be in duplicate, one copy on heavy parchment, theother copy on tracing cloth, the drawings to be made with india ink ofbest quality and with pen only, every line and letter must be black. Thesize of a sheet on which a drawing is made should be exactly 10×15inches, one inch from its edges a single marginal line to be drawn, leaving the "sight" 8×13 inches. Within this margin all work andsignatures must be included, one of the smaller sides of the sheet isregarded as its top, and measuring downward from the marginal line aspace of not less than 1-1/4 inches is to be left blank for theinsertion of Title, Name, Number and Date. 27--The scale to which a drawing is made should be large enough to showthe mechanism without crowding, and more than one sheet may be used, ifnecessary, to accomplish this end. Letters and figures of referenceshould be carefully formed, and large enough to be plainlydistinguished. If the same part of the invention appears in more thanone view of the drawing, it must always be represented by the samecharacter; and the same character must never be used to designatedifferent parts. 28--No agent's or attorney's stamp, or advertisement, or writtenaddress, will be permitted upon a drawing. Should the application be found incomplete under the above rules and bereturned from the Minister of the Interior for amendment, the same mustbe again filed within thirty days, if the applicant is a resident ofthe Hawaiian Islands, or within four months if residing in a foreigncountry; otherwise it will be barred, if interfering with anotherapplication filed during the interval and covering the same invention orimprovement. THE MODEL. 29--A model will not be required as part of the application unless onexamination of the case it shall be found to be necessary or useful;when, if so found, the Commissioner of Patents shall, in writing, notifythe applicant, and action in the case shall be suspended until a modelis furnished. 30--The model must clearly exhibit every feature of the machine whichforms the subject of a claim of invention, but should not include othermatter than that covered by the actual invention or improvement, unlessit shall be necessary to the exhibition of the invention in a workingmodel. 31--The model must be neatly and substantially made of durable material, metal being deemed preferable; but when a material forms an essentialfeature of the invention, the model will be constructed of thatmaterial. 32--The model must not be more than one foot in length, width or height, unless the Commissioner of Patents shall admit working models ofcomplicated machines of larger dimensions. 33--Models belonging to patented cases will not be taken from the officeexcept in the custody of a sworn employee especially authorized by theCommissioner of Patents. SPECIMENS. 34--When the invention or discovery is of a composition of matter theapplicant shall furnish a specimen of the composition and of itsingredients sufficient in quantity for the purpose of experiment. 35--In all cases where the article is not perishable a specimen of thecomposition claimed, put up in proper form to be preserved in the officemust be furnished. INTERFERENCES. 36--An interference is a proceeding instituted for the purpose ofdetermining the question of priority of invention between two or moreparties claiming substantially the same patentable invention ordiscovery. 37--If an application filed appears to claim substantially the sameinvention for which a _caveat_ has been filed, the Commissioner ofPatents will notify the caveator to complete his application in threemonths, and if upon the filing thereof it appears to be in conflict aninterference will be declared. If the caveator fails to complete hisapplication within the time designated, or such further time as forcause shown may be granted to him, the Commissioner of Patents willproceed to examine the first named application as if there were no_caveat_. 38--Each party to the interference will be required to file a concisestatement under oath showing the date of his original conception of theinvention, of illustration by drawing or model, of its disclosure toothers of its completion and of the extent of its use. 39--Testimony in such cases may be taken orally before the Commissionerof Patents, at such time as he may designate, or it may be taken bycommission according to the forms usual in the Courts of the Republic. 40--After the testimony is closed the case shall be carefully examinedby the Commissioner of Patents and adjudicated upon the proofspresented. CAVEATS. 41--A _caveat_ under the patent law is a notice given to the office ofthe caveator's claim as inventor, in order to prevent the grant of apatent to another for the same alleged invention upon an applicationfiled during the life of the _caveat_, without notice to the caveator. 42--A _caveat_ may be filed in the Interior Department by any person whohas made any new invention or discovery, and desires further time tomature the same, upon payment of the fee required by law. Such _caveat_shall be preserved in secrecy, and shall be operative for the term ofone year from the date of filing. 43--The _caveat_ must comprise a petition, a specification, an oath, andwhen the nature of the case admits of it, a drawing, and must be limitedto a single invention or improvement. The attest of oath must complywith Rule 23. APPEALS. 44--Appeal from an adverse report of the Commissioner of Patents lies tothe Supreme Court in Banco. The Commissioner of Patents will furnish, through the Minister of the Interior, to the applicant or to hisattorney, a written statement of his reasons for such report, whereuponthe applicant may amend his application or may, within ninety daysafter such written statement is furnished to him or to his attorney, ormailed in the Post-office at Honolulu, addressed to him or to hisattorney, appeal to the Supreme Court in Banco. In case of appeal the applicant shall file in the office of the Ministerof the Interior at least twenty days before the hearing by said Court, his reasons for appeal specifically set forth in writing, and shall giveto said Minister at least ten days' notice in writing of the time andplace of such hearing. COPYRIGHT. 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 designintended to be perfected and completed as a work of the fine arts, or bythe heirs, executors or administrators of a deceased author thereof. Thewords "print, " "cut, " and "engraving, " shall be applied only topictorial illustrations or works connected with the fine arts, and noprint or label designed to be used for other articles of manufactureshall be certified under the copyright law. APPLICATION FOR COPYRIGHT. 46--The application for a certificate of copyright is a communicationsigned by the applicant and addressed to the Minister of the Interior, stating that such applicant is the original and first author of thearticle upon which a certificate of copyright is applied for, and ofwhat country he is a citizen. If application be made by therepresentative of a deceased author, such applicant shall state that heis the heir, executor or administrator (as the case may be) of suchdeceased author, that he believes that said deceased author was theoriginal and first author of the article upon which a certificate ofcopyright is applied for, and of what country he--suchrepresentative--is a citizen. Such statement shall be verified by theoath of the applicant, and accompanied by a copy of the article uponwhich a certificate of copyright is applied for, if the same shall havebeen published; or, if the same shall not have been published, a copy ofthe title thereof. In case such article shall not have been published atthe time of filing the application, a copy thereof shall be delivered tothe Minister of the Interior within one month after the publicationthereof 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-markintended to be attached or applied to any goods or manufacturedarticles, or to bottles, boxes or packages containing the same toindicate the name of the manufacturer, the contents of the packages, thequality of the goods, or directions for use, may be secured by anyperson, 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, labelor trade-mark is a declaration signed by the applicant or applicants andaddressed to the Minister of the Interior, stating that such applicantis, or such applicants are, the sole and original proprietor orproprietors, or the assign or assigns, of such proprietor orproprietors of the goods or manufactured articles for which such print, label or trade-mark is to be used, and describing such goods andmanufactured articles and the manner in which such print, label ortrade-mark is to be used. Such declaration shall be verified by the oath of the applicant; or, ifthe application be made by a firm or a corporation, by the oath of amember of such firm or an officer of such corporation, and accompaniedby three[C] exact copies of such print, label or trade-mark. Theduration of the registration of a print, label or trade-mark is twentyyears. The attest of oath must comply with Rule 23. ASSIGNMENTS. 49--Every patent, every certificate of copyright and every certificateof registration of a print, label or trade-mark, or interest therein, shall be assignable in law by an instrument in writing; and thepatentee, or his assigns, or legal representatives may, in like manner, grant and convey an exclusive right under his patent, or his certificateof resignation, to the whole or any specified part of the HawaiianRepublic. Such assignments must be executed and acknowledged in the samemanner which is prescribed by law for conveyances of real property, andmust 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 ortrade-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 desiresfurther time to mature the same. He, therefore, prays the protection ofhis right until he shall have matured his invention, and that thesubjoined description thereof may be filed as a _caveat_, in theconfidential 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 claimedin the foregoing specification; that the same has not been patented tohimself or to others, with his knowledge or consent, except in thefollowing countries:---- --------------------------------------------------Country. | No. | Date of Patent. | Term of years. ---------|-----|-----------------|---------------- | | |. .. .. .. .. |. .. .. |. .. .. .. .. .. .. .. .. |. .. .. .. .. .. .. .. . | | |. .. .. .. .. |. .. .. |. .. .. .. .. .. .. .. .. |. .. .. .. .. .. .. .. . | | |. .. .. .. .. |. .. .. |. .. .. .. .. .. .. .. .. |. .. .. .. .. .. .. .. . -------------------------------------------------- That the same has not, to his knowledge, been introduced into public usein the Hawaiian Islands for more than one year prior to his applicationfor a Patent; and he does not know or believe that the same was everbefore 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---- (describethe 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 thathe 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 ADECEASED 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 thearticle)----, a copy whereof is filed herewith. (_Signature of Petitioner. _) NO. 7. --OATH OF APPLICANT FOR CERTIFICATE OF COPYRIGHT ON THE WORK OF ADECEASED 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)----, inthe 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 ORTRADE-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 ortrade-mark, as the case may be), three copies whereof are filedherewith, 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 isthe Petitioner in the foregoing petition named, and is (a member of thefirm of----, or the---- kind of officer----, of----, name ofcorporation----), that he is (or they are) the sole and originalproprietor (or proprietors) (or the assign or assigns) of----, name ofthe original proprietor or proprietors----, of the----, (describe thegoods or manufactured articles for which the print, label or trade-markis to be used) and that the said (print, label or trade-mark) is to beused 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, 46Adverse Reports 44Affidavits 38Amendments 44Appeals 44Applicants 11, 12Application for Patent 13 to 15Application for Copyright 46Application for Print, Label or Trade-Mark 48Assignee 4, 10, 48, 49Assignments 49Attorneys 9, 10 Caveats 7, 37, 41 to 43Claims 17, 18Composition of Matter 11, 34, 35Copies 8, 50Copyright Law page 11Copyrights, Duration of 46Copyrights, Who May Procure 45, 46Correspondence 1 to 5Correspondents, Information to 6 to 8 Depositions 39Drawings 24 to 28Duration of Copyright 46Duration of Patent 12Duration of Print, Label or Trade-Mark 48 Evidence 39, 40Examination 15, 37, 40Executors 45, 46 Fees 50Foreign Patents 11, 12, 22Freight and Charges 3 Hearing, Notice of 44 Information to Correspondents 6 to 8Interferences 36 to 40 Label, Duration of 48Label, Registration of 47, 48Language 14 Models 8, 15, 29 to 33 Notice 29, 37, 44 Oath Before Whom Taken 23Oath to Copyright 46Oath to Patent 22, 23Oath to Print, Label or Trade-Mark 48 Patent, Duration of 12Patent Laws pages 1 to 10Patent, Who May Obtain 11Petition for Copyright 46Petition for Patent 16Petition for Print, Label or Trade-Mark 48 Postage 3Power of Attorney 9, 10Previous Foreign Patent 12Print, Duration of 48Print, Label and Trade-Mark Law pages 15 and 16Print, Registration of 47, 48Priority of Invention 36 Reasons for Adverse Report 44Record of Assignments 49Record, Subject to General Inspection 8Re-examination 40Removal of Models 33Revocation of Power of Attorney 10 Signatures 18, 20, 25, 26Specifications 14, 17 to 21Specimens 15, 34, 35Substitution of Attorney 10Supreme Court, Appeal to 44 Testimony 39, 40Trade-Mark, Duration of 48Trade-Mark, Registration of 47, 48Translation, (see Fees) 50 INDEX TO FORMS. FORM. PAGE. Petition for Patent 1 31Caveat 2 31Oath for Patent or Caveat 3 31Petition for Copyright by Author 4 32Oath to Petition for Copyright by Author 5 33Petition for Copyright by Representative of a Deceased Author 6 33Oath to Application for Copyright on Work of a Deceased Author 7 34Petition for Registration of Print, Label or Trade-Mark 8 34Oath of Applicant for Registration of Print, Label or Trade-Mark 9 35