Patents Laws in Brunei
Brunei Darussalam's patent system is governed by the Patents Order 2011 and the Patents Rules 2012, administered by the Brunei Darussalam Intellectual Property Office (BruIPO). These laws establish a national patent framework that aligns with international standards and treaties.
🧾 Key Features of Brunei's Patent Law
1. Patentability Criteria
An invention is patentable in Brunei if it meets the following criteria:
Novelty: The invention must be new and not have been disclosed publicly anywhere in the world.
Inventive Step: The invention must involve an inventive step that is not obvious to someone skilled in the relevant field.
Industrial Application: The invention must be capable of being used in any kind of industry.
Additionally, methods of treatment on the human or animal body involving surgery, therapy, or diagnosis are not patentable, as they cannot be applied industrially .
2. Patent Term and Maintenance
The term of a patent granted under Brunei's laws is 20 years from the filing date, subject to the payment of annual renewal fees starting from the fifth year .
3. Application Process
Patent applications in Brunei can be filed either directly or through the Patent Cooperation Treaty (PCT). For PCT applications, the national phase entry must occur within 30 months from the priority date. A request for substantive examination must be made within 42 months from the international filing date .
The application must be filed in English, and applicants not residing in Brunei are required to appoint a local agent. The application undergoes a formal examination, and if accepted, a search and examination report is issued. Upon successful examination, a patent is granted, and the grant is published in the Patents Journal .
4. International Treaties
Brunei is a member of several international treaties, including:
Patent Cooperation Treaty (PCT): Facilitates international patent filings.
Paris Convention for the Protection of Industrial Property: Provides a right of priority for patent applications.
Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure: Allows for the deposit of microorganisms at an international depositary authority to be recognized for patent purposes .
5. Patent Term Extension
In certain cases, such as delays in the patent procedure or where the need for marketing approval has curtailed the opportunity to exploit a patented invention, a Patent Term Extension may be available for pharmaceutical products .
📌 Important Considerations
Territorial Protection: Patent protection in Brunei is territorial; a patent granted by BruIPO is only protected within Brunei Darussalam .
Self-Assessment System: Brunei operates a self-assessment system where the applicant determines how and when to proceed with the patent application process .
Online Resources: BruIPO provides an online database for searching patents, trademarks, and industrial designs registered in Brunei
For detailed information and to initiate a patent application in Brunei, you can visit the official BruIPO website:
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