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. Saidp. 16 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.
p. 17
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.
p. 182—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,p. 19 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.
p. 20
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,p. 21 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, isp. 22 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 furnishp. 23 drawings of his invention where the nature of the case admits of it.25—The drawings must be signed by the inventor, or his attorney, and attested by two witnesses, and must show every feature of the invention covered by claims.26—The drawings to be in duplicate, one copy on heavy parchment, the other copy on tracing cloth, the drawings to be made with india ink of best quality and with pen only, every line and letter must be black. The size of a sheet on which a drawing is made should be exactly 10×15 inches, one inch from its edges a single marginal line to be drawn, leaving the "sight" 8×13 inches. Within this margin all work and signatures must be included, one of the smaller sides of the sheet is regarded as its top, and measuring downward from the marginal line a space of not less than 1¼ 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,p. 24 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.
p. 25
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 thep. 26 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 applicantp. 27 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, executorp. 28 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 assignp. 29 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.
[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.
