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Patent




Form and Fees
Journal


 What is Patent?

A patent is an exclusive right granted for an invention, which can be a product or a process that gives a new technical solution to a problem. Some examples of innovative modern patents include self-driving cars and wearable technologies.

Why are patents necessary?

A patent provides an incentive to individuals by offering them recognition for their creativity and material rewards for their marketable inventions. These incentives, in turn, encourage innovation and assure that the quality of human life is continuously enhanced.

What is the patent protection system in Brunei Darussalam?

The application system in Brunei Darussalam operates on a ‘first-to-file’ basis, that is, the first person to file an application will have priority over others for the same invention.

The key feature of the patent system in Brunei Darussalam is that it is a ‘self-assessing’ system whereby the applicants decide how to proceed and when.

The patent system is ‘formality-based’ and substantive examination work is outsourced to foreign patent offices of Austria, Denmark and Hungary.


Application Process

StepProcedure
1

Lodgment of application (Form PF1) together with:

  • Prescribed fee (B$160.00), and
  • Necessary supporting documents and/or information

This includes the specification and abstract

2Preliminary examination is conducted by BruIPO and issuance of letter of acknowledgment.
3Once application hits 18 months, it will be published in the Patents Journal.
4 Within 21 months from the filing date (Step 1), the applicant may then file for: 
A. Search-then-Examination request (Form PF11 and PF16); OR 
B. Combined Search and Examination Request (Form PF12); OR 
C. Request to rely on results of a corresponding application linked by priority under the prescribed patent offices or via the PCT; OR 
D. Request to rely on search results of a corresponding application and request for examination (Form PF16).
5Applicant files a request for grant within 42 months from the filing date (Step 1)
The grant of a patent will take approximately 2-4 years depending on the complexity of the invention.
















What is patentable under the Brunei Darussalam Patent Order?

To be patentable in Brunei Darussalam, an invention must meet the following criteria:

  1. It must be new (novel); and 
  2. Involve an inventive step and capable of industrial application.

An invention of a method of treatment on the human and/or animal body involving surgery, therapy, or diagnosis is not patentable as they cannot be applied industrially. 

An invention that encourages offensive, immoral or anti-social behavior is not patentable – even if it satisfies the criteria of patentability.


Is a patented invention protected worldwide?

Patent protection is territorial and is only valid in the country where the patent is granted. However, since 2012, Brunei Darussalam is a member of the Patent Cooperation Treaty (PCT). This means that it is now possible to seek patent protection for an invention simultaneously in each of a large number of countries by filing an ‘international’ patent application via the PCT system.

Additionally, Brunei Darussalam is also part of the ASEAN Patent Examination Co-operation (ASPEC). This is the first regional patent work-sharing programme among 9 participating ASEAN Member States IP Offices of Brunei Darussalam, Cambodia, Indonesia, Lao PDR, Malaysia, the Philippines, Singapore, Thailand and Viet Nam.

The purpose of the ASPEC programme is to allow applicants in participating countries to obtain corresponding patents faster and more efficiently so as to potentially reduce duplication on the search and examination work done.


Useful links:

http://www.wipo.int/pct/en/

https://patentscope.wipo/int/search/en/search.jsf

https://www.aseanip.org/Services/ASEAN-Patent-Examination-Co-Operation-ASPEC/What-is-ASPEC