Patents Act · 2023 Revised Edition · Part · Patentability
14. Novelty
Official textFrom Attorney General's Chambers, unchanged
An invention shall be taken to be new if it does not form part of the state of the art.
The state of the art in the case of an invention shall be taken to comprise all matter (whether a product, a process, information about either, or anything else) which has at any time before the priority date of that invention been made available to the public (whether in Brunei Darussalam or elsewhere) by written or oral description, by use or in any other way.
priority date
“priority date” means the date determined as such under section 17;
The state of the art in the case of an invention to which an application for a patent or a patent relates shall be taken also to comprise matter contained in an application for another patent which was published on or after the priority date of that invention, if the following conditions are satisfied —
patent
“patent” means a patent under this Act and includes a patent in force by virtue of section 114(4);
that matter was contained in the application for that other patent both as filed and as published; and
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the priority date of that matter is earlier than that of the invention.
For the purposes of this section, the disclosure of matter constituting an invention shall be disregarded in the case of a patent or an application for a patent if occurring later than the beginning of the period of 12 months immediately preceding the date of filing the application for the patent and either —
date of filing
“date of filing”, in relation to — (a) an application for a patent made under this Act, means the date of filing that application by virtue of section 26; and (b) any other application, means the date which, under the law of the country where the application was made or in accordance with the terms of a treaty or convention to which that country is a party, is to be treated as the date of filing that application in that country or is equivalent to the date of filing an application in that country (whatever the outcome of the application);
the disclosure was due to, or made in consequence of, the matter having been obtained unlawfully or in breach of confidence by any person —
from the inventor or from any other person to whom the matter was made available in confidence by the inventor or who obtained it from the inventor because he or the inventor believed that he was entitled to obtain it; or
from any other person to whom the matter was made available in confidence by any person mentioned in sub-paragraph (i) or in this sub-paragraph or who obtained it from any person so mentioned because he or the person from whom he obtained it believed that he was entitled to obtain it;
the disclosure was made in breach of confidence by any person who obtained the matter in confidence from the inventor or from any other person to whom it was made available, or who obtained it, from the inventor;
the disclosure was due to, or made in consequence of, the inventor displaying the invention at an international exhibition and the applicant states, on filing the application, that the invention has been so displayed and also, within the prescribed period, files written evidence in support of the statement complying with any prescribed condition; or
the disclosure was due to, or made in consequence of, the inventor describing the invention in a paper read by him or another person with his consent or on his behalf before any learned society or published with his consent in the transactions of any learned society.
Patents
In subsection (4)(d), “learned society” includes any club or association constituted in Brunei Darussalam or elsewhere whose main object is the promotion of any branch of learning or science.
In this section, references to the inventor include references to any proprietor of the invention for the time being.
inventor
“inventor”, in relation to an invention, means the actual deviser of the invention and “joint inventor” shall be construed accordingly;
In the case of an invention consisting of a substance or composition for use in a method of treatment of the human or animal body by surgery or therapy or of diagnosis practised on the human or animal body, the fact that the substance or composition forms part of the state of the art shall not prevent the invention from being taken to be new if the use of the substance or composition in any such method does not form part of the state of the art.
Terms defined in s 2
date of filing
Defined · s 2“date of filing”, in relation to — (a) an application for a patent made under this Act, means the date of filing that application by virtue of section 26; and (b) any other application, means the date which, under the law of the country where the application was made or in accordance with the terms of a treaty or convention to which that country is a party, is to be treated as the date of filing that application in that country or is equivalent to the date of filing an application in that country (whatever the outcome of the application);
international exhibition
Defined · s 2“international exhibition” means an official or officially recognised international exhibition falling within the terms of the Convention on International Exhibitions or falling within the terms of any subsequent treaty or convention replacing that convention;
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);
priority date
Defined · s 2“priority date” means the date determined as such under section 17;
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;
Part
Right to Apply for and Obtain Patent
Part
Applications for Patents
Part
Procedure for Grant of Patent
Part
Provisions as to Patents After Grant
Part
Property in Patents and Applications for Patents and Registration
Part
Employees’ Inventions
Part
Contracts as to Patented Products
Part
Licences of Right and Compulsory Licences
Part
Use of Patented Inventions for Services of Government
Part
Infringement of Patents
Part
Revocation of Patents and Validity Proceedings
Part
Amendments of Patents and Applications
Part
International Applications for Patents
Part
Legal Proceedings
Part
Offences
Part
Patent Agents
Part