Hawaii

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,p. 8 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,p. 9 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,p. 10 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.

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