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+Project Gutenberg's Patent Laws of the Republic of Hawaii, by Hawaii
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever.  You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+
+Title: Patent Laws of the Republic of Hawaii
+       and Rules of Practice in the Patent Office
+
+Author: Hawaii
+
+Other: Kalakaua Rex
+
+Release Date: September 20, 2007 [EBook #22684]
+
+Language: English
+
+Character set encoding: ASCII
+
+*** START OF THIS PROJECT GUTENBERG EBOOK PATENT LAWS HAWAII ***
+
+
+
+
+Produced by Joe Longo and the Online Distributed
+Proofreading Team at http://www.pgdp.net (This book was
+produced from scanned images of public domain material
+from the Google Print project.)
+
+
+
+
+
+
+
+
+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 10x15
+inches, one inch from its edges a single marginal line to be drawn,
+leaving the "sight" 8x13 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.
+
+
+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 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 Project Gutenberg's Patent Laws of the Republic of Hawaii, by Hawaii
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