On 1 January 2012, the Patents Order 2011 and Patents Rules 2012 came into effect. The Brunei’s Patent Order 2011 replaces the previous re-registration system of Singapore, Malaysia, UK and EP (designating UK) patents and establishes an independent patent system.
Patents Order 2011 and Patents Rules 2012.
2. Patentability Criteria:
A patent has to fulfill the following conditions in order to claim protection.
involves an inventive step
capable of industrial application
3. Utility Innovations:
N/A in Brunei.
√ – Paris Convention
√ – PCT
Any PCT application with international filing date on or after 24 July 2012 may designate Brunei Darussalam (country code – BN)
5. Rule of Priority:
Paris Convention priority can be claimed in Brunei.
The term of a patent granted under the Order shall be 20 years from its filing date. Annual fees shall be payable in respect of the fifth year onwards.
Every applicant is required to an application to the registrar of patents within 12 months of priority date.
2. Preliminary Examination
A formalities examination for forms will be carried out to ensure statutory compliance
The application will be published after 18 months after the date of filing of the application.
There are 4 ways of examination, details of which can be found in the following page.
Option 1: Request For Local Search and Examination (Non-PCT)
The applicant may request a search within 13 months from the priority date to be followed by a request for examination within 21 months from the priority date or a combined search and examination within 21 months from the priority date.
Option 2.1: Notification To Rely on Prescribed Information From a Prescribed Patent Office (Non-PCT) or International Preliminary Report on Patentability ( For PCT National Entry)
The applicant can furnish prescribed information ( ie, search, examination results and claims in English) of corresponding foreign application from a prescribed patent office (namely, from either Europe, USA, Japan, Australia, Canada, United Kingdom, New Zealand or South Korea) ( for non-PCT filing) or IPRP ( for PCT national entry) to meet local grant requirements within 42 months from the priority date. Please be informed that under this option, the claims must either be the same or narrow in scope as compared to the claims in the corresponding application that have been examined for novelty, inventive step and industrial applicability.
Option 2.2: Notification To Rely on Prescribed Information Under the Slow Track (Non-PCT)
If the applicant is unable to produce prescribed information showing final results or grant of foreign application from a prescribed patent office, the applicant can opt to proceed under the slow track by filing a block extension of time by 39 months and extend the deadline for filing the notification or prescribed information to 60 months.
Option 3: Request For Local Search and Examination Under the Slow Track (PCT National Entry)
The applicant can file a block extension of time by 39 months and request local examination based on the International Search Report or request combined search and examination at time of requesting the block extension, similar to the slow track option of a non-PCT application.
Upon the receipt of a search and examination report, the applicant would have to assess if it is worthwhile to proceed to obtain a grant of a patent and maintain the patent. If the applicant chooses to do so, he would then submit a request for grant. On grant, a certificate of grant would be issued, and this fact and date of grant will be published in the Patents Journal.
The following information and/or documents are required to file an application for a patent in Brunei:
Direct National Application:-
11. Request for the grant of a patent (PF 1):-
a) the name and address of the applicant;
b) the name and address of the inventor;
c) a specification comprising a description, claims and any necessary drawings; and
d) the country and filing particulars of basic application whose priority is claimed.
2. Appointment of Patent Agent (PF 46)
3. A statement explaining how the applicant derives its right to the patent from the inventor, normally by virtue of assignment or employment (PF 8).
4. There is no requirement for the filing of an assignment from inventor to applicant.
PCT National Phase Application
1. Request for the grant of a patent(PF42);
2. a copy of the PCT application in English language ( i.e. request form PCT/RO/101);
3. the details of the PCT application (suitably, the bibliographic page as published by WIPO);
4. one copy of the PCT specification as originally filed (in or translated to English);
5. one copy of any amendments filed in the international phase (in or translated to English);
6. an Appointment of Agent form signed by the applicant(PF 46); and
7. A statement explaining how the applicant derives its right to the patent from the inventor, normally by virtue of assignment or employment (PF 8).