Patents Act · 2023 Revised Edition · Part · Procedure for Grant of Patent
32. Information prejudicial to defence of Brunei Darussalam or safety of public
Official textFrom Attorney General's Chambers, unchanged
Where an application for a patent is filed in the Registry
patent
“patent” means a patent under this Act and includes a patent in force by virtue of section 114(4);
(whether under this Act or any treaty or international convention to which
Brunei Darussalam is a party) and it appears to the Registrar that the application contains information of a description notified to him by the
Registrar
“Registrar” means the Registrar of Patents and includes any Deputy Registrar of Patents holding office under this Act;
Attorney General as being information the publication of which might be prejudicial to the defence of Brunei Darussalam, the Registrar shall give directions prohibiting or restricting the publication of that information or its communication to any specified person or description of persons.
If it appears to the Registrar that any application so filed contains information the publication of which might be prejudicial to the safety of the public, he may give directions prohibiting or restricting the publication of that information or its communication to any specified person or description of persons until the end of a period not exceeding 3 months from the end of a period prescribed for the purposes of section 27.
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While directions are in force under this section with respect to an application —
if the application is made under this Act, it will be held in abeyance after the formal requirements of this Act and the rules have been met and will not proceed to be processed in accordance with section 29 until the directions are revoked under subsection (4)(e);
and
if it is an international application for a patent, a copy of it shall not be sent to the International Bureau or any international searching authority appointed under the Patent Co-operation Treaty.
Where the Registrar gives directions under this section with respect to any application, he shall give notice of the application and of the directions to the Attorney General, and the following provisions shall then have effect —
the Attorney General shall, on receipt of the notice, consider whether the publication of the application or the publication or communication of the information in question would be prejudicial to the defence of Brunei Darussalam or the safety of the public;
if the Attorney General determines under paragraph (a) that the publication or communication of that information would be prejudicial to the safety of the public, he shall notify the Registrar who shall continue his directions under subsection (2) until they are revoked under paragraph (e);
if the Attorney General determines under paragraph (a) that the publication of the application or the publication or communication of that information would be prejudicial to the defence of Brunei Darussalam or the safety of the public, he shall
(unless a notice under paragraph (d) has previously been given by the
Attorney General to the Registrar) reconsider that question during the period of 9 months from the date of filing the application and at least once in every subsequent period of 12 months;
Patents
if on consideration of an application at any time it appears to the Attorney General that the publication of the application or the publication or communication of the information contained in it would not, or would no longer, be prejudicial to the defence of
Brunei Darussalam or the safety of the public, he shall give notice to the Registrar to that effect; and
on receipt of such a notice the Registrar shall revoke the directions and may, subject to such conditions (if any) as he thinks fit, extend the time for doing anything required or authorised to be done by or under this Act in connection with the application, whether or not that time has previously expired.
The Attorney General may at any time, for the purpose of enabling him to decide the question referred to in subsection (4)(c), do one or both of the following, that is to say, inspect or authorise any person to inspect the application and any document sent to the Registrar in connection with it and where a person is authorised to carry out such inspection, he shall as soon as practicable report on his inspection to the Attorney General.
Where directions given under this section in respect of an application for a patent for an invention are revoked, and the application is brought in order for the grant of a patent and a patent is granted for the invention, then —
if while the directions are in force the invention is worked by (or with the written authorisation of or to the order of) a
Government department, the provisions of Part 12 apply as if —
the working were use made by section 58;
the application had been published at the end of the prescribed period or at the time the directions were revoked, whichever is earlier; and
a patent had been granted for the invention at the time the application is brought in order for the grant of a patent (taking the terms of the patent to be those of the application as it stood at the time it was so brought in order); and
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if it appears to the Attorney General that the applicant for the patent has suffered hardship while the directions were in force, the Attorney General may make such payment (if any) by way of compensation to the applicant as appears to the Attorney General to be reasonable having regard to the inventive merit and utility of the invention, the purpose for which it is designed and any other relevant circumstances.
Where a patent is granted in pursuance of an application in respect of which directions have been given under this section, no renewal fees shall be payable in respect of any period during which those directions were in force.
Any person who fails to comply with any direction under this section is guilty of an offence and liable on conviction to a fine not exceeding $5,000, imprisonment for a term not exceeding 2 years or both.
Nothing in this section shall prevent the disclosure of information concerning an invention to a Government department or authority for the purpose of obtaining advice as to whether directions under this section with respect to an application for a patent for that invention should be made, amended or revoked.
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);
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
Defined · s 2“international application for a patent” means an application made under the Patent Co-operation Treaty;
International Bureau
Defined · s 2“International Bureau” means the secretariat of the World Intellectual Property Organisation established by a convention signed at Stockholm on 14th July 1967;
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;
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;
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