PATENT
Form and Fees
Leaflet
Journal
PCT
WHAT IS A PATENT?
A patent is an exclusive right granted for an invention, which can be a product or a process that provides a new way of doing something, or a new technical solution to a problem.
WHAT ARE THE BENEFITS OF PROTECTING PATENT?
The patent gives an exclusive right to the inventors that allow them to prevent others from using, making or selling the product of their inventions during the life of the patent. Patent owners may also give permission, or to license their inventions to other parties subject to their mutual agreement and terms. The owner of the patent may also sell their invention rights to other parties, who then will become the new owner of the patent.
WHAT IS THE PATENT PROTECTION SYSTEM?
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 The Danish Patent and Trademark Office (DKPTO).
WHAT IS PATENTABLE UNDER THE PATENTS ORDER?
To be patentable in Brunei Darussalam, an invention must meet the following criteria:
- The invention is
new (novel), which means that the invention has not yet been publicly disclosed in any form, in anywhere in the world.
- The invention involves an
inventive steps that can improve any existing product or process that is already available. These steps must not be obvious for someone with technical skills or knowledge in that particular field.
- The invention is capable of industrial application, which means that the invention can be mass produced or used in some form of industry.
WHAT IS NOT PATENTABLE UNDER THE PATENTS ORDER?
An invention of a method of treatment on the human or on an animal body involving surgery, therapy or diagnosis is not patentable as they cannot be applied industrially.
An invention that encourages offensives, immoral or anti-social behavior is not patentable, even if it satisfies the criteria of patentability.
HOW LONG IS A PATENT PROTECTED?
A patent provides protection for 20 years, subject to the payment of renewal fees.
IS A PATENTED INVENTION PROTECTED WORLDWIDE?
No, patent protection is territorial, therefore a patent granted by BruIPO is only protected in Brunei Darussalam.
However, an applicant can seek international patent protection by filing an international patent via the Patent Cooperation Treaty (PCT).
PATENT LEGISLATION
Patents (Amendment) Order, 2011
Patents (Amendment) Rules, 2012
PATENT APPLICATION PROCESS
INTERNATIONAL PATENT CLASSIFICATION
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