Patents Act · 2023 Revised Edition · Part · General
112. Rules
Official textFrom Attorney General's Chambers, unchanged
The Attorney General may, after consultation with the Registry and with the approval of His Majesty the Sultan and Yang Di-Pertuan, make such rules as he thinks expedient for regulating the business of the Registry in relation to patents and applications for patents (including international applications for patents) and for regulating all matters placed by this Act under the direction or control of the Registrar.
Without prejudice to the generality of subsection (1), the rules may make provision —
prescribing the contents of applications for patents and other documents which may be filed at the Registry and requiring copies to be furnished of any such documents;
regulating the procedure to be followed in connection with any proceeding or other matter before the Registrar or the Registry and authorising the rectification of irregularities of the procedure;
requiring fees to be paid in connection with any such proceeding or matter or in connection with the provision of any service by the Registry and providing for the remission of fees in the prescribed circumstances;
regulating the mode of giving evidence in any such proceeding and empowering the Registrar to compel the attendance of witnesses and the discovery of and production of documents;
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requiring the Registrar to publish any proposed amendment of patents and any other prescribed matters including any prescribed steps in any such proceeding;
providing for the appointment of scientific advisers to assist the court and the Registrar in any proceeding before it or him and for the remuneration of such advisers;
prescribing time limits for doing anything required to be done in connection with any such proceeding by this Act or the rules;
giving effect to the right of an inventor of an invention to be mentioned in an application for a patent for the invention;
providing for the publication and sale of documents in the
Registry and of information about such documents;
prescribing, in relation to international applications, matters necessary or convenient to be prescribed for carrying out or giving effect to the Patent Co-operation Treaty;
excluding or varying the operation of the provisions of this
Act in relation to international applications and applications for patents made under section 114;
requiring and regulating the translation of documents in connection with any application for a patent and the filing and authentication of any such translations;
prescribing the scale of costs for proceedings before the
Registrar; and
prescribing anything that is required or permitted to be prescribed under this Act.
The rules may make different provisions for different cases.
The rules shall provide for the publication by the Registrar of a journal (referred to in this Act as the journal) containing particulars of applications for and grants of patents, particulars of application for and the registration of patent agents, and of other proceedings under this Act.
Registrar
“Registrar” means the Registrar of Patents and includes any Deputy Registrar of Patents holding office under this Act;
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The rules may require or authorise the Registrar to make arrangements for the publication of reports of cases relating to patents decided by him or by any court or body whether in Brunei Darussalam or elsewhere.
Terms defined in s 2
inventor
Defined · s 2“inventor”, in relation to an invention, means the actual deviser of the invention and “joint inventor” shall be construed accordingly;
patent
Defined · s 2“patent” means a patent under this Act and includes a patent in force by virtue of section 114(4);
Patent Co-operation Treaty
Defined · s 2“Patent Co-operation Treaty” means the treaty of that name signed at Washington on 19th June 1970;
Registrar
Defined · s 2“Registrar” means the Registrar of Patents and includes any Deputy Registrar of Patents holding office under this Act;
right
Defined · s 2“right”, in relation to any patent or application, includes an interest in the patent or application and, without prejudice to the foregoing, any reference to a right in a patent includes a reference to a share in the patent;