Patents Act · 2023 Revised Edition · Part · General
105. Information about patent applications and patents, and inspection of documents
Official textFrom Attorney General's Chambers, unchanged
After publication of an application for a patent in accordance with section 27, the Registrar shall, on request being made to him in the prescribed manner and on payment of the prescribed fee (if any), give the person making the request such information, and permit him to inspect such documents, relating to the application or to any patent granted in pursuance of the application as may be specified in the request, subject, however, to any prescribed restriction.
patent
“patent” means a patent under this Act and includes a patent in force by virtue of section 114(4);
Subject to this section, until an application for a patent is so published, documents or information constituting or relating to the application shall not, without the consent of the applicant, be published or communicated to any person by the Registrar.
published
“published” means made available to the public (whether in Brunei Darussalam or elsewhere) and a document shall be taken to be published under any provision of this Act if it can be inspected as of right at any place in Brunei Darussalam by members of the public, whether on payment of a fee or not, and “republished” shall be construed accordingly;
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Subsection (2) does not prevent —
the Registrar from publishing or communicating to others any bibliographic information about an unpublished application for a patent; or
the Attorney General from inspecting or authorising the inspection of an application for a patent or any connected document under section 32(5).
Where a person is notified that an application for a patent has been made, but not published in accordance with section 27, and that the applicant will, if the patent is granted, bring proceedings against that person in the event of his doing an act specified in the notification after the application is so published, that person may make a request under subsection (1), notwithstanding that the application has not been published, and that subsection shall apply accordingly.
Where an application for a patent is filed, but not published, and a new application is filed in respect of any part of the subject matter of the earlier application (either in accordance with the rules or in pursuance of an order under section 20) and is published, any person may make a request under subsection (1) relating to the earlier application and on payment of the prescribed fee the Registrar shall give him such information and permit him to inspect such documents as could have been given or inspected if the earlier application had been published.
Registrar
“Registrar” means the Registrar of Patents and includes any Deputy Registrar of Patents holding office under this Act;
The publication of the whole or part of a specification of a patent or an application for a patent shall not constitute an infringement of any copyright subsisting under the Emergency Copyright Order, 1999
(S 14/2000) in any literary or artistic work.
Terms defined in s 2
patent
Defined · s 2“patent” means a patent under this Act and includes a patent in force by virtue of section 114(4);
published
Defined · s 2“published” means made available to the public (whether in Brunei Darussalam or elsewhere) and a document shall be taken to be published under any provision of this Act if it can be inspected as of right at any place in Brunei Darussalam by members of the public, whether on payment of a fee or not, and “republished” shall be construed accordingly;
Registrar
Defined · s 2“Registrar” means the Registrar of Patents and includes any Deputy Registrar of Patents holding office under this Act;