Patent Laws of the Republic of Hawaii Part 3

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 inst.i.tuted 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 ill.u.s.tration 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 pet.i.tion, 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 ill.u.s.trations 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 t.i.tle 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 a.s.sign or a.s.signs, 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.

a.s.sIGNMENTS.

49--Every patent, every certificate of copyright and every certificate of registration of a print, label or trade-mark, or interest therein, shall be a.s.signable in law by an instrument in writing; and the patentee, or his a.s.signs, 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 a.s.signments 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 a.s.signment, 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.--PEt.i.tION FOR A PATENT.

TO THE MINISTER OF THE INTERIOR:

Your Pet.i.tioner,----, 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 Pet.i.tion 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 Pet.i.tioner, 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:----

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