Patent Laws of the Republic of Hawaii Part 2

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 a.s.signee 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 pet.i.tion, specification, oath and drawings, and the model or specimen when required, and the first fee of twenty-five dollars. The pet.i.tion, 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 PEt.i.tION.

16--The pet.i.tion is a communication duly signed by the applicant, and addressed to the Minister of the Interior, stating the name and residence of the pet.i.tioner, 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 t.i.tle 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 1015 inches, one inch from its edges a single marginal line to be drawn, leaving the "sight" 813 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 s.p.a.ce of not less than 1-1/4 inches is to be left blank for the insertion of t.i.tle, 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 advertis.e.m.e.nt, 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 quant.i.ty for the purpose of experiment.