Patents Act · 2023 Revised Edition · Part · Right to Apply for and Obtain Patent
19. Right to apply for and obtain patent
Official textFrom Attorney General's Chambers, unchanged
Any person may make an application for a patent either alone or jointly with another.
A patent for an invention may be granted —
patent
“patent” means a patent under this Act and includes a patent in force by virtue of section 114(4);
primarily to the inventor or joint inventors;
in preference to paragraph (a), to any person or persons who, by virtue of any written law or rule of law, or any foreign law or treaty or international convention, or by virtue of an enforceable term of any agreement entered into with the inventor before the making of the invention, was or were at the time of the making of the invention entitled to the whole of the property in it (other than equitable interests) in Brunei Darussalam; or
in any event, to the successor or successors in title of any person or persons mentioned in paragraph (a) or (b) or any person so mentioned and the successor or successors in title of another person so mentioned, and to no other person.
Except so far as the contrary is established, a person who makes an application for a patent shall be taken to be the person who is entitled under subsection (2) to be granted a patent and two or more persons who make such an application jointly shall be taken to be the persons so entitled.
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);
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;
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