Patent Law of Brunei
The patent law is the Patents Order No. S 57/2011 of 2011Amended by: Patents (Amendment) Order of the 2017.
i. Name and address of applicant
ii. Title of invention
iii. List of inventors and their address
iv. Description, claim, drawings & abstract
v. If claiming priority, the application number of priority document, the date of application & the certified true copy if claiming priority
vi. English translation of the documents (if not in English)
vii. Simple signed Power of Attorney (POA)
viii. Assignment (if apply)
* POA and Priority documents can be filed within 2 months after filing.
Patent Registration Procedure in Brunei
Every applicant is required to file an application to the Registrar of Patents within 12 months of priority date.
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.
Below are the 4 ways of examination:-
a) 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.
b) Option 2: 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.
c) Option 3: 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.
d) Option 4: Request For Local Search and Examination Under the Slow Track (PCT National Entry)
The applicant can file a block extension of the 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.
An annual maintenance fee need to be paid each year to keep the patent in force.
The term of a patent granted under the Order shall be 20 years from its filing date.
Trademark Law in Brunei
Legal basis is the law of Trade Marks Act (Cap 98) and Trade Mark Rule 2000 in force since 2000.
Brunei is a member of the Madrid Protocol.
Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition.
Nice classification, 11th edition. In Brunei, multiple-class applications are possible. An application can include goods in any number of classes, but with additional charges for each additional class.
Power of Attorney simply signed.
Trademark Registration Procedure in Brunei
The application is to be filed at the Brunei intellectual Property Office (BruIPO).
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
Trademark applications accepted by the Registrar are published once in the trademarks journal for 3 months prior to registration.
National Opposition Period
The opposition period is 3 months from publication date of the application.
The approximate time frame for completing the registration process of a trademark in Brunei is from 6 to 12 months.
Protection begins from the date of application. A trademark registration is valid for 10 years from the date of application. The registration is renewable after a period of 10 years.