Patent Laws of the Republic of Hawaii - and Rules of Practice in the Patent Office

Patent Laws of the Republic of Hawaii - and Rules of Practice in the Patent Office

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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: ISO-8859-1 *** 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.) P A T E N T L A W S OF , I IWAAH FO CILBUPER EHT AND RULES OF PRACTICE IN T H E P A T E N T O F F I C E . FIFTH EDITION, 1897. HONOLULU: HAWAIIAN GAZETTE COMPANY. 1897. P A T E N T L A W S OF THE R E P U B L I C O F H A W A I I . A C T S N O W I N F O R C E . A N A C T 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.

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,IIAWH FO CIProject Gutenberg's Patent Laws of the Republic of Hawaii, by HawaiiThis eBook is for the use of anyone anywhere at no cost and withalmost no restrictions whatsoever. You may copy it, give it away orre-use it under the terms of the Project Gutenberg License includedwith this eBook or online at www.gutenberg.orgTitle: Patent Laws of the Republic of Hawaii       and Rules of Practice in the Patent OfficeAuthor: HawaiiOther: Kalakaua RexRelease Date: September 20, 2007 [EBook #22684]Language: EnglishCharacter set encoding: ISO-8859-1*** START OF THIS PROJECT GUTENBERG EBOOK PATENT LAWS HAWAII ***Produced by Joe Longo and the Online DistributedpPrroodoufcreeda dfirnogm  Tsecaamn naetd  hitmtapg:e/s/ wowfw .ppugbdlpi.cn edto m(aTihni sm abtoeorki awlasfrom the Google Print project.)LBUPER EHTTPATFODNAERULES OF PRACTICEINEH NTP LAATWSENT OFFICE.
FTFIHIAWAH EDITION, 1897.HONOLULU:IAN GAZETTE COMPANY.81.79
PAOF THETEREPUBLIC OF HAWAIACTS NOW IN FORCE.ANTO REGULATE THE ISSUING OF PATENTS. Be it Enacted by the King and the Legislative Assembly of theHawaiian 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 ofInterior and countersigned by the Commissioner of Patents, and they shall berecorded together with the specifications in the office of the Interior Departmentin books kept for the purpose.Section 2. Every patent shall contain a short title or description of the inventionor discovery, correctly indicating its nature and design, and a grant to thepatentee, his heirs or assigns for the term of ten[A] years, of the exclusive right tomake, use and vend the invention or discovery throughout the HawaiianIslands, referring to the specification for the particulars thereof. A copy of thespecifications and drawings shall be annexed to the patent and be a partthereof.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 usefulimprovement thereof not known or used by others in this country, and notpatented (or described in any printed publication) in this or any foreign countrybefore his invention or discovery thereof, may, upon payment of the feesrequired by law, and other due proceedings had, obtain a patent therefor.Provided, however, that any person who has invented or discovered any newA2 .pI.CNTT LAWS
and useful art, machine, manufacture, process or composition of matter, or anynew and useful improvement thereof, and has received a patent or patentstherefor from any foreign government may also obtain a patent therefor in thiscountry as provided 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 invention which hasbeen previously patented in a foreign country, shall be so limited that it shall notcontinue longer than the time of the expiration of such foreign patent, or if thereare several foreign patents, it shall not continue longer than the time of theexpiration of the one with the shortest unexpired term, and in no case shall it bein force more than ten[A] years.Section 4. Before any inventor or discoverer shall receive a patent for hisinvention or discovery he shall apply therefor in writing to the Minister ofInterior, and shall file in the office of the Interior Department a writtendescription 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 amachine he shall explain the principle thereof and of the manner in which hehas applied that principle so as to distinguish it from other inventions, and heshall particularly point out and distinctly claim the part, improvement orcombination which he claims as his invention or discovery. When the nature ofthe case admits of drawings the applicant shall furnish them as set forth inSection 2. When the invention or discovery is of a composition of matter, theapplicant shall furnish a specimen of ingredients and of the composition,sufficient in quantity for the purpose of experiment. In all cases which admit ofrepresentation by model, the applicant shall, if required, furnish a model ofconvenient size to exhibit advantageously the several parts of his invention.Section 5. The applicant shall make oath that he believes himself to be theoriginal and first inventor or discoverer of the art, machine, manufacture,composition or improvement for which he solicits a patent, and that, he does notknow or believe that the same was ever before known or used, and shall stateof 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 alleged newinvention or discovery, and if upon such examination it shall appear that theclaimant is justly entitled to a patent under the law and that the same issufficiently useful and important, he shall report accordingly to the Minister ofInterior, who shall cause a patent to be issued therefor.Section 7. Any person who makes any new invention or discovery, and desiresfurther 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 itsdistinguishing characteristics, and praying protection of his right until he shallhave matured the invention. Such caveat shall be preserved in secrecy andshall be operative for the term of one year from the filing thereof.3 .p.p4 
Section 8. The Commissioner of Patents shall be appointed by the Minister ofInterior and shall examine and report on all applications for patents and shallreceive for such services a fee of twenty dollars for each application examinedand reported by him, which fee shall be paid by the applicant in advance. Inaddition 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 issuinga 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 itspublication, and "An Act to amend Section 255 and 256 of the Civil Code, andadd a new Section to the Civil Code to be numbered Section 256a," approvedthe twenty-second day of June, A. D. 1868, is hereby repealed.Approved this twenty-ninth day of August, A. D. 1884.]A[Amended to read "fifteen." Act 27, Laws of 1896.KALAKAUA REX.
 NATO 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 HawaiianKingdom:Section 1. That the said Act shall be amended by the addition thereto of fivenew Sections, to be numbered Sections 10, 11, 12, 13 and 14, to read asfollows:"Section 10. The Commissioner of Patents is hereby authorized to administeroaths for all purposes connected with the business of his office."Section 11. If, upon the examination of any application for a patent, theCommissioner of Patents shall make a report adverse to the applicant, he shallfurnish to the applicant, or his attorney, a written statement of his reasons forsuch report, and the applicant may thereupon amend his application, or, withinninety days thereafter, may appeal to the Supreme Court in Banco; and, if suchappeal shall be made, said applicant shall file in the office of the Minister of theInterior, at least twenty days before the hearing by said Court, his reasons forappeal, specifically set forth in writing, and give to the said Minister of theInterior 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 inthe office of the Minister of the Interior a certificate of its decision, and suchdecision shall determine the further proceedings in the case."If such decision be in favor of the applicant, the Minister of the Interior shallcause to be issued the patent applied for, or such modification thereof as shallbe decided by said Court."Section 13. Damages for the infringement of any patent may be recovered, byaction 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 ofequity, to enjoin such infringement, and to recover compensation therefor."Section 14. The term infringement, as used in this Act, is defined to mean themaking, using or vending of any patented article without the written consent ofthe owner of the patent thereon, or of his agent, authorized to grant suchconsent."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.By the King:KALAKAUA REX.5 .pA .p6CT
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TCAAA NTO AMEND SECTIONS 2 AND 3 OF AN ACT ENTITLED "AN ACTTO REGULATE THE ISSUING OF PATENTS," APPROVEDAUGUST 29, 1884, AND TO ADD TWO NEW SECTIONS TOSAID ACT, AS AMENDED BY AN ACT ENTITLED "AN ACT TOAMEND AN ACT REGULATING THE ISSUING OF PATENTS,"APPROVED THE 23RD DAY OF JUNE, 1888, TO BE CALLEDSECTIONS 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 ofPatents," approved August 29, 1884, is hereby amended by striking out theword "ten" and inserting in its place the word "fifteen," so that said Section asamended shall read as follows:"Section 2. Every patent shall contain a short title or description of the inventionor discovery, correctly indicating its nature and design, and a grant to thepatentee, his heirs or assigns, for the term of fifteen years, of the exclusive rightto make, use and vend the invention or discovery throughout the HawaiianIslands, referring to the specifications for the particulars thereof. A copy of thespecifications and drawings shall be annexed to the patent and be a partthereof:"Section 2. That Section 3 of an Act entitled "An Act to regulate the issuing ofPatents," approved August 29, 1884, is hereby amended by striking out theword "ten" and inserting in its place the word "fifteen," so that said Section asamended 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 usefulimprovement thereof not known or used by others in this country, and notpatented (or described in any printed publication) in this or any foreign countrybefore his invention or discovery thereof, may, upon payment of the feesrequired by law, and other due proceedings had, obtain a patent therefor.Provided, however, that any person who has invented or discovered any newand useful art, machine, manufacture, process or composition of matter, or anynew and useful improvement thereof, and has received a patent or patentstherefor from any foreign government, may also obtain a patent therefor in thiscountry as provided 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 invention which hasbeen previously patented in a foreign country, shall be so limited that it shall notcontinue longer than the time of the expiration of such foreign patent, or if there7 .p C8 .pT27.
are several foreign patents, it shall not continue longer than the time of theexpiration of the one with the shortest unexpired term, and in no case shall it bein force more than fifteen years."Section 3. That a new section to said Act, as amended by the Act entitled "AnAct 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 adefective or insufficient specification, or by reason of the patentee claiming ashis own invention or discovery more than he had a right to claim as new, if theerror has arisen by inadvertance, accident or mistake, and without anyfraudulent or deceptive intention, the Minister of the Interior shall, on thesurrender of such patent and the payment of the same fees required by lawupon the issue of an original or first patent, cause a new patent for the sameinvention, and in accordance with the corrected specification, to be issued tothe patentee, or, in the case of his death, or of an assignment of the whole orany undivided part of the original patent, then to his executors, administrators,or assigns, for the unexpired part of the term of the original patent. Suchsurrender shall take effect upon the issue of the amended patent. The Ministerof the Interior may, in his discretion, upon demand of the applicant, and uponpayment 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 thingpatented. The specifications and claim in every such case shall be subject torevision and restriction in the same manner as original applications are. Everypatent so re-issued, together with the corrected specification, shall have thesame effect and operation in law, on the trial of all actions for causes thereafterarising, as if the same had been originally filed in such corrected form; but nonew matter shall be introduced into the specification, nor in case of a machinepatent shall the model or drawings be amended, except each by the other, butwhen there is neither model nor drawing, amendments may be made uponproof satisfactory to the Minister of the Interior, that such new matter oramendment was a part of the original invention, and was omitted from thespecification by inadvertance, accident, or mistake, as aforesaid. Upon thefiling of any such application for a re-issue with the Minister of the Interior, thesame examination shall be had as is provided by Section 6 of the "Act toRegulate the issuing of Patents," approved August 29th, 1884."Section 4. That a new Section to said Act, as amended by the Act entitled "AnAct 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 assigneeof the inventor or discoverer, but the assignment must first be filed in the officeof the Minister of the Interior. And in all cases of an application by an assigneefor the issue of a patent, the application shall be made, and the specificationsigned as provided by law by the inventor or discoverer. And in all cases of anapplication for a re-issue of any patent, the application must be made, and the9 .pp01 .
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.
 NATO PROVIDE FOR THE REGISTRATION OF COPYRIGHTS.Be it Enacted by the King and the Legislature of the HawaiianKingdom:Section 1. That from and after the date of the passage of this Act the author ofany map, book, chart, musical composition, print, cut, engraving, photograph,painting, drawing or statue, or the author of any model, or design, intended tobe perfected and completed as a work of the fine arts, or the heirs, executors oradministrators of a deceased author thereof, may procure a certificate ofcopyright therefor in the manner hereinafter provided.Section 2. Before anyone shall receive a certificate of copyright, an applicationtherefor shall be filed in the office of the Minister of the Interior, verified by oathof 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 awork of the fine arts, upon which a certificate of copyright is applied for, or ifsuch application shall be made by the legal representative of a deceasedauthor, such representative shall make oath that he believes that the saiddeceased author was the original and first author of the said map, book, chart,musical composition, print, cut, engraving, photograph, painting, drawing orstatue, or the model or design intended to be perfected and completed as awork of the fine arts, and such applicant shall state of what country he is acitizen. Such application shall be accompanied by said oath, and by a copy ofthe 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, if the same shall have beenpublished, or, if the same shall not have been published, a copy of the titlethereof. 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, insaid Department. If the said map, book, chart, musical composition, print, cut,engraving, photograph, painting, drawing, or statue, or, if the said model ordesign, intended to be perfected and completed as a work of the fine arts, shallnot have been published at the time of filing said application, the person orpersons making said application shall, in order to the validity of the certificate ofcopyright, provided in Section 4 of this Act, deliver or cause to be delivered tothe Minister of the Interior, a copy of such map, book, chart, musicalcomposition, print, cut, engraving, photograph, painting, drawing, or statue, or ofthe model or design intended to be perfected and completed as a work of thefine arts, within one month after the publication thereof in this Kingdom.Section 3. Upon filing such application the applicant shall pay to the Minister ofthe Interior a fee of five dollars.11 .pA21 .pCT