Patent registration market has vibrant development in Brunei with certain advantages. Brunei has large oil and gas reserves, providing opportunities to develop innovations in the field of renewable energy and efficient oil and gas extraction technologies. Brunei is accelerating the development of information technology and digital transformation, creating a great demand for patents in this field. Brunei has a well-developed health system, providing opportunities to develop innovations in the fields of medical devices, pharmaceuticals and biotechnology. Brunei has a well-developed infrastructure for the development of various kinds of patents. Brunei has a high-quality education system, training human resources with the necessary qualifications and skills for patent research and development. Brunei has a developed telecommunications infrastructure, helping inventors easily access information, exchange knowledge and cooperate with domestic and foreign partners. Brunei is investing in the development of industrial parks and technology parks, creating space and favorable conditions for the testing and commercialization of patents. The demand for patent registration in Brunei is increasing, Viet An Law – IP Firm would like to guide customers preliminarily the procedure for patent registration in Brunei through the article below.
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Legal basis
Patent Order, 2011
Preliminary patent in Brunei
What is an patent?
An patent is an exclusive right granted to an patent, be it a product or a process that provides a new way of doing things or a new technical solution to a problem.
What are the benefits of patent protection?
Patents give exclusive rights to inventors, allowing them to prevent others from using, making, or selling their products for the duration of the patent. Patent owners can also license other parties to use their patents by mutual agreement and terms. Patent owners can also sell their patent rights to other parties, who will then become the new owners of the patent.
What is a patent protection system?
The patent registration system in Brunei Darussalam operates on a “first applicant” basis, i.e. the first applicant will have priority over others for the same patent.
The main feature of the patent system in Brunei Darussalam is the “self-assessment” system, whereby the applicant decides how and when. This patent system is based on the “form” and content appraisal work assigned to the Danish Patent and Trademark Office (DKPTO).
What are the conditions for being granted a patent?
Novelty: The patent must be new, which means that the patent has not been publicly announced in any form, anywhere in the world.
Creativity: The patent must involve an innovative step forward that can improve any existing product or process that is already in place. These steps should not be obvious to someone with technical skills or knowledge in that particular field.
Industrial applicability: The patent has industrial applicability, which means that the patent can be mass-produced or used in some form of industry.
Patent lookup in Brunei
BruIPO IP Search
It is the official online database of the Brunei Intellectual Property Office (BruIPO) that allows applicants to search patents, trademarks and industrial designs registered in Brunei. You can access via the following web address: http://www.bruipo.gov.bn/SitePages/search-portal.aspx
Espacenet
Espacenet is a free online service provided by the European Patent Office (EPO) that allows applicants to search for patents and patent applications from around the world, including Brunei. It offers a comprehensive database and various search options, including search by keyword, search by classification, and search by applicant/inventor.
Google Patents is another free online patent search tool that provides access to an extensive database of patents from many countries, including Brunei. It provides a simple search interface and allows claimants to search by keyword, patent number, inventor or assignee.
Patent application: This is a petition for patent registration in the form of the Intellectual Property Office of Brunei (BruIPO) for patent application. The body of the application usually includes the title of the patent, the name and address of the applicant and a statement that the applicant is entitled to the patent. You can download the application form via the link below:
Description of the patent: A detailed explanation of the patent, including the technical field, context, and problem it solves, should describe the best method for implementing the patent and any drawings necessary to understand the patent.
Claims for protection: A brief statement defining the scope of protection claimed for the patent.
Abstract: A brief summary of the patent, its technical field and main characteristics, used for search and classification purposes.
Drawings (if any): If the patent can be illustrated by drawings, the drawings must be clear, and conform to the requirements of the BruIPO.
Priority Document (if applicable): If the applicant has filed a patent application for the same patent in another country, a copy of that application should be provided that may be filed to claim priority rights.
Power of attorney: If the applicant is represented by a representative or attorney with a patent, a power of attorney should be provided allowing them to apply on the applicant’s behalf.
Application fee (for international applications entering the national stage): BND 0
Additional Fees: There may be additional fees for various procedures, such as due diligence requests, patents, and renewal fees.
Other fees:
Patent Term Extension Request: BND 950
Request to Reinstate Expired Patent: BND 475
Patent registration in Brunei through PCT system
What is a PCT system?
The PCT system stands for Patent Cooperation Treaty – an international treaty that aims to create a uniform process for filing international patent applications. The system is administered by the World Intellectual Property Organization (WIPO) and has more than 150 countries involved, including Brunei. Brunei acceded to the Treaty on 24 July 2012
Benefits of PCT system:
Time and cost savings: The PCT system allows applicants to file a single patent application for patent protection in multiple Treaty countries, instead of having to file a separate application in each country. This saves time, costs and administrative procedures.
Postponement of national filing deadline: When filing a PCT application, the applicant has an additional 30 months to decide which country the applicant wants to protect the patent. This is valuable time for the applicant to assess the commercial potential of the patent and prepare for the national filing.
Simplified Process: The PCT system uses a common set of rules and procedures for all participating countries, which simplifies the filing process and saves time for both the applicant and the national patent office.
Early Search Information: The International Patent Search Office and Written Opinion will provide the applicant with information about the novelty and patentability of the patent, helping the applicant make an informed decision about the national filing.
Strengthening international cooperation: The PCT system encourages international cooperation in the field of patents by creating a common platform for the exchange of information and sharing of experiences between countries.
Innovation support: PCT systems help promote innovation by reducing the procedural burden on inventors and making it easier for them to protect their patents worldwide.
Patent application through PCT system
To file a patent application through the PCT system, you need to prepare a dossier that includes the following documents:
PCT Application: Applications can be submitted in Vietnamese or English, however, it is recommended to be submitted in English to facilitate the processing process. You can download the PCT form from the WIPO website: https://www.wipo.int/pct/en/forms/
Description of patent: The description of the patent should present details and clarity about the patent, including:
Patent Name Technical field
Patent summary
Detailed explanation of the patent
Drawings (if any)
Claims for protection
Claim for protection: The claim should clearly define the scope of protection that the applicant wants for the patent.
Patent Declaration: The patent statement should clearly identify the inventor (or inventors).
Letter of Authorization (if applicable): If the applicant uses an intellectual property representative to file the application, the applicant should provide a Power of Attorney Letter authorizing the representative to represent the applicant on behalf of the applicant during the application process and processing the procedure.
Additional documents (may require):
Priority Document (if applicable): If the applicant filed a patent application for the same patent in another country prior to filing the PCT application, the applicant may claim priority based on the filing date.
Translation (if applicable): If any of the documents on file are not in English or French, the applicant needs to provide a translation into either of these languages.
Application fee: The applicant needs to pay the PCT application fee to the International Reception Office (IB).
Carry out the search and notify customers in writing the results of patent search in Brunei;
Draft the dossier and directly file and monitor the status of the filing of the patent application in Brunei on behalf of the patent owner;
Inform, advise and handle deficiencies/refusals of competent State agencies (if any) in the process of monitoring patent applications in Brunei;
Assist in monitoring, representing the resolution of objections and feedback with intellectual property representatives carrying out procedures in Brunei.
Receive dispatches, certificates and hand over to customers (if any).
If you need to apply for patent registration in Brunei, please contact Viet An Law Firm for the most effective support.
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