Patents Act · s 83

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83.
International and national phases of application
(1) The provisions of the Patent Co-operation Treaty relating to publication, search, examination and amendment, and not those of this Act, shall apply to an international application for a patent (Brunei Darussalam)
during the international phase of the application.
(2) The international phase of the application means the period from the filing of the application in accordance with the Patent Co-operation
Treaty until the national phase of the application begins.
(3) The national phase of the application begins —
(a) when the prescribed period expires, provided —
(i) where the application has been published in accordance with the Patent Co-operation Treaty in a language other than the English language, and the

Patents 112
application is not in the English language, an English translation of the application has been filed at the
Registry; and
(ii) the prescribed fee has been paid, by the applicant; or
(b) when the applicant expressly requests the Registrar to proceed earlier with the national phase of the application, pays the prescribed fee and complies with any of the following sub-paragraphs which is applicable —
(i) where, at the time of the request, the application has not been published in accordance with the Patent
Co-operation Treaty, file at the Registry —
(A) a copy of the application; and
(B) if the copy is not in the English language, an
English translation of the application;
(ii) where, at the time of the request, the application has been published in accordance with the Patent
Co-operation Treaty in a language other than the
English language, and the application is not in the
English language, file at the Registry an English translation of the application.
(4) If the prescribed period expires without the conditions mentioned in subsection (3)(a) being satisfied, the application shall be taken to be withdrawn.
(5) Where, during the international phase, the application is amended in accordance with the Patent Co-operation Treaty, the amendment shall be treated as made under this Act if, and shall be disregarded unless —
(a) when the prescribed period expires, where —
(i) the amendment is not in the English language; and
(ii) if any copy of the amendment has been communicated to the Registry in accordance with the Treaty, that copy is in a language other than the English language,

Patents an English translation of the amendment has been filed at the Registry; or
(b) where the applicant expressly requests the Registrar to proceed earlier with the national phase of the application, there is then filed at the Registry —
(i) a copy of the amendment, if none has been communicated to the Registry in accordance with the
Treaty; and
(ii) an English translation of the amendment, if —
(A) the amendment is not in the English language;
and
(B) where any copy of the amendment has been communicated to the Registry in accordance with the Treaty, that copy is in a language other than the English language.
(6) The Registrar shall on payment of the prescribed fee publish any translation filed at the Registry under subsection (3) or (5).

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s 83International and national phases of application

(1)

The provisions of the Patent Co-operation Treaty relating to publication, search, examination and amendment, and not those of this Act, shall apply to an international application for a patent (Brunei Darussalam)

during the international phase of the application.

(2)

The international phase of the application means the period from the filing of the application in accordance with the Patent Co-operation

Treaty until the national phase of the application begins.

(3)

The national phase of the application begins —

(a)

when the prescribed period expires, provided —

(i)

where the application has been published in accordance with the Patent Co-operation Treaty in a language other than the English language, and the

Patents 112

application is not in the English language, an English translation of the application has been filed at the

Registry; and

(ii)

the prescribed fee has been paid, by the applicant; or

(b)

when the applicant expressly requests the Registrar to proceed earlier with the national phase of the application, pays the prescribed fee and complies with any of the following sub-paragraphs which is applicable —

(i)

where, at the time of the request, the application has not been published in accordance with the Patent

Co-operation Treaty, file at the Registry —

(A)

a copy of the application; and

(B)

if the copy is not in the English language, an

English translation of the application;

(ii)

where, at the time of the request, the application has been published in accordance with the Patent

Co-operation Treaty in a language other than the

English language, and the application is not in the

English language, file at the Registry an English translation of the application.

(4)

If the prescribed period expires without the conditions mentioned in subsection (3)(a) being satisfied, the application shall be taken to be withdrawn.

(5)

Where, during the international phase, the application is amended in accordance with the Patent Co-operation Treaty, the amendment shall be treated as made under this Act if, and shall be disregarded unless —

(a)

when the prescribed period expires, where —

(i)

the amendment is not in the English language; and

(ii)

if any copy of the amendment has been communicated to the Registry in accordance with the Treaty, that copy is in a language other than the English language,

Patents an English translation of the amendment has been filed at the Registry; or

(b)

where the applicant expressly requests the Registrar to proceed earlier with the national phase of the application, there is then filed at the Registry —

(i)

a copy of the amendment, if none has been communicated to the Registry in accordance with the

Treaty; and

(ii)

an English translation of the amendment, if —

(A)

the amendment is not in the English language;

and

(B)

where any copy of the amendment has been communicated to the Registry in accordance with the Treaty, that copy is in a language other than the English language.

(6)

The Registrar shall on payment of the prescribed fee publish any translation filed at the Registry under subsection (3) or (5).