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

39—Testimony in such cases may be taken orally before the[p. 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 applicant[p. 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.