Part 3 (1/2)

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.