Patents Act · 2023 Revised Edition · Part · Procedure for Grant of Patent
29. Search and examination
Official textFrom Attorney General's Chambers, unchanged
Where an application for a patent complies with all the formal requirements, the Registrar shall send a notification to the applicant.
patent
“patent” means a patent under this Act and includes a patent in force by virtue of section 114(4);
The applicant shall comply with any of the following paragraphs which is applicable within the period prescribed for that paragraph —
where the application is not an international application for a patent (Brunei Darussalam) that has entered the national phase in
Brunei Darussalam under section 83(3), file a request in the prescribed form and pay the prescribed fee for a search report;
file a request in the prescribed form and pay the prescribed fee for a search and examination report;
Patents
where a corresponding application for a patent has been filed at any prescribed patent office —
file —
a copy of the search report in respect of the corresponding application;
where the search report is not in the English language, an English translation of the search report;
a copy of each prescribed document and, where required by the rules, an English translation of the document if it is not in the English language; and
a request in the prescribed form for an examination report, and pay the prescribed fee for an examination report;
or
file —
in the prescribed form, the prescribed information relating to the corresponding application; and
where the prescribed information includes any document that is not in the English language, an
English translation of such document;
where a corresponding international application for a patent has been filed —
file —
a copy of the international search report in respect of the corresponding international application;
where the international search report is not in the
English language, an English translation of the international search report;
Patents 42
a copy of each prescribed document and, where required by the rules, an English translation of the document if it is not in the English language; and
a request in the prescribed form for an examination report, and pay the prescribed fee for an examination report;
or
file —
in the prescribed form, the prescribed information relating to the corresponding international application; and
where the prescribed information includes any document that is not in the English language, an
English translation of such document;
where the application is an international application for a patent (Brunei Darussalam) that has entered the national phase in
Brunei Darussalam under section 83(3) —
file —
a copy of the international search report issued in respect of the application;
where the international search report is not in the
English language, an English translation of the international search report;
a copy of each prescribed document and, where required by the rules, an English translation of the document if it is not in the English language; and
a request in the prescribed form for an examination report, and pay the prescribed fee for an examination report;
or
Patents
file a notice in the prescribed form of the applicant’s intention to rely on the international preliminary report on patentability in respect of that application.
Where the applicant has filed a request and paid the prescribed fee for a search report under subsection (2)(a), the Registrar shall —
Registrar
“Registrar” means the Registrar of Patents and includes any Deputy Registrar of Patents holding office under this Act;
cause the application to be subjected to a search by an
Examiner to discover the relevant prior art contained in —
such documentation as may be prescribed; and
any additional documentation that the Examiner is aware of and considers to be relevant; and
upon receiving the search report prepared by the Examiner, send the applicant a notification and a copy of the search report.
Upon receiving the search report under subsection (3)(b) from the Registrar, the applicant shall, within the prescribed period, file a request in the prescribed form and pay the prescribed fee for an examination report.
prescribed form
“prescribed form” means a form published by the Registrar under section 113;
Where the applicant has filed a request and paid the fee for an examination report under subsection (2)(c)(i), (d)(i) or (e)(i) or (4), the
Registrar shall —
cause the application to be subjected to an examination by an Examiner to determine —
whether the conditions specified in sections 13
and 25(4) and (5) have been complied with;
whether the application discloses any additional matter referred to in section 81(1); and
whether the application discloses any matter extending beyond that disclosed in the application as filed, taking into consideration all the relevant prior art, if any, that the Examiner is aware of or that has been referred to in the search report or international search report, as the case may be; and
Patents 44
upon receiving the examination report prepared by the
Examiner, send the applicant a notification and a copy of the examination report.
Where the applicant has filed a request and paid the fee for a search and examination report under subsection (2)(b), the Registrar shall —
cause the application to be subjected to —
a search by an Examiner to discover the relevant prior art contained in —
such documentation as may be prescribed; and
any additional documentation that the Examiner is aware of and considers to be relevant; and
an examination by an Examiner to determine —
whether the conditions specified in sections 13
and 25(4) and (5) have been complied with;
whether the application discloses any additional matter referred to in section 81(1); and
whether the application discloses any matter extending beyond that disclosed in the application as filed, taking into consideration all the relevant prior art, if any, that the Examiner is aware of or that has been discovered in the search; and
upon receiving the search and examination report prepared by the Examiner, send the applicant a notification and a copy of the search and examination report.
If, within the prescribed period under —
subsection 2(b), (c)(i) or (ii), (d)(i) or (ii) or (e)(i) or (ii); or
subsection (4), an applicant files a request in the prescribed form and pays the prescribed fee for that period to be extended, the applicant shall perform the acts set out in
Patents that provision within the prescribed extended period for performing those acts.
Terms defined in s 2
corresponding application
Defined · s 2“corresponding application”, in relation to an application for a patent (referred to in this definition as the application in suit), means an application for protection filed, or treated as filed, with any prescribed patent office that — (a) forms the basis for a priority claim under section 17 in the application in suit; or (b) is subject to a priority claim based on — (i) the application in suit; or (ii) an application which is also the basis for a priority claim under section 17 in the application in suit;
corresponding international application
Defined · s 2“corresponding international application”, in relation to an application for a patent (referred to in this definition as the application in suit), means an application for protection filed under the Patent Co-operation Treaty that — (a) forms the basis for a priority claim under section 17 in the application in suit; or (b) is subject to a priority claim based on — (i) the application in suit; or (ii) an application which is also the basis for a priority claim under section 17 in the application in suit;
Examiner
Defined · s 2“Examiner” means such person, organisation or foreign or international patent office or organisation as may be prescribed to whom the Registrar may refer questions relating to patents, including search and examination of applications for patents;
formal requirements
Defined · s 2“formal requirements” means those requirements of this Act and the rules which are designated by the rules as formal requirements for the purposes of this Act;
international application for a patent (Brunei Darussalam)
Defined · s 2“international application for a patent (Brunei Darussalam)” means an application of that description which, on its date of filing, designates Brunei Darussalam;
international preliminary report on patentability
Defined · s 2“international preliminary report on patentability” means — (a) an international preliminary report on patentability (Chapter I of the Patent Co-operation Treaty); or (b) an international preliminary report on patentability (Chapter II of the Patent Co-operation Treaty), referred to in the Regulations under the Patent Co-operation Treaty;
patent
Defined · s 2“patent” means a patent under this Act and includes a patent in force by virtue of section 114(4);
prescribed form
Defined · s 2“prescribed form” means a form published by the Registrar under section 113;
Registrar
Defined · s 2“Registrar” means the Registrar of Patents and includes any Deputy Registrar of Patents holding office under this Act;
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