Patents Act · 2023 Revised Edition · Part · Procedure for Grant of Patent
30. Grant of patent
Official textFrom Attorney General's Chambers, unchanged
Subject to subsection (4), the Registrar shall grant the applicant a patent if —
Registrar
“Registrar” means the Registrar of Patents and includes any Deputy Registrar of Patents holding office under this Act;
the conditions in subsection (2) are satisfied before the end of the prescribed period or any extension thereof; and
the conditions in subsection (3) have been satisfied.
The conditions referred to in subsection (1)(a) are —
that all the formal requirements have been complied with;
that the Registrar has received —
the search report referred to in section 29(3) and the examination report referred to in section 29(5);
the search and examination report referred to in section 29(6);
the search report referred to in section 29(2)(c)(i), the examination report referred to in section 29(5) and, where the search report is not in the English language, an English translation of the search report;
the prescribed information referred to in section 29(2)(c)(ii) or (d)(ii) and, where the prescribed information includes any document that is not in the English language, an English translation of such document;
the international search report referred to in section 29(2)(d)(i) or (e)(i), the examination report referred to in section 29(5) and, where the international search report is not in the English language, an English translation of the international search report; or
in the case of an international application for a patent
(Brunei Darussalam) which has entered the national
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phase in Brunei Darussalam under section 83(3), as an alternative to the document or documents referred to in any of sub-paragraphs (ii), (iii), (iv) and (v) —
the notice referred to in section 29(2)(e)(ii);
an international search report in respect of that application;
an international preliminary report on patentability in respect of that application; and
where any report referred to in sub-subparagraph
or (C) is not in the English language, an
English translation of that report;
that the prescribed documents for the grant of the patent have been filed; and
that the prescribed fee for the grant of the patent has been paid.
The conditions referred to in subsection (1)(b) are —
that —
the document or documents received by the Registrar under subsection (2)(b) do not disclose any unresolved objection on the ground that the claim or claims in the application do not relate to one invention or to a group of inventions which are so linked as to form a single inventive concept; or
if any such objection is disclosed, the applicant has satisfied the Registrar that the objection has been resolved;
where the applicant relies on any examination report referred to in section 29(5), any search and examination report referred to in section 29(6) or any international preliminary report on patentability referred to in subsection (2)(b)(vi), that each claim in the application at the time the prescribed documents for the grant of the patent were filed and the prescribed fee for the grant of the patent
Patents was paid is related to at least one claim in the application at the time the report was issued —
which has been examined; and
which is referred to in the report;
where the applicant relies on the prescribed information relating to a corresponding application referred to in section 29(2)(c)(ii) or the prescribed information relating to a corresponding international application referred to in section 29(2)(d)(ii), at the time the prescribed documents for the grant of the patent were filed and the prescribed fee for the grant of the patent was paid, that each claim in the application is related to at least one claim —
which is set out in the prescribed information relating to the corresponding application or corresponding international application, as the case may be; and
which has been examined to determine whether the claim appears to satisfy the criteria of novelty, inventive step (or non-obviousness) and industrial applicability (or utility);
that the invention is not an invention referred to in section 13(2); and
that there is —
no other application for a patent for the same invention having the same priority date filed by the same applicant or his successor in title; and
no earlier grant of a patent for the same invention having the same priority date to the same applicant or his successor in title.
If, within the prescribed period under subsection (1)(a) —
an appeal is filed in court in respect of an application; and
the applicant applies to the court to extend that period while the appeal is pending,
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the court may extend that period to such date as the court may determine.
Where the conditions in subsection (2) are not satisfied before the end of the prescribed period under subsection (1)(a) or any extension thereof, the applicant is deemed to have abandoned his application at the end of that period.
If the Registrar is of the opinion that any condition in subsection (3) has not been satisfied —
the Registrar shall send a notification to the applicant setting out the grounds for the Registrar’s objection to granting a patent;
the applicant shall have the right to respond to the
Registrar’s objection within a period specified by the Registrar;
unless the Registrar withdraws his objection, the applicant shall, within a period specified by the Registrar and subject to section 81, amend the specification of his application in accordance with the prescribed conditions, with a view to satisfying the conditions in subsection (3); and
if any condition in subsection (3) remains unsatisfied at the end of the period referred to in paragraph (c), the applicant is deemed to have abandoned his application at the end of that period.
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;
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);
priority date
Defined · s 2“priority date” means the date determined as such under section 17;
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;
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