Patents Act · 2023 Revised Edition · Part · Property in Patents and Applications for Patents and Registration
43. Register of patents
Official textFrom Attorney General's Chambers, unchanged
The Registrar shall maintain a register of patents in accordance with the rules made by virtue of this section.
Registrar
“Registrar” means the Registrar of Patents and includes any Deputy Registrar of Patents holding office under this Act;
Without prejudice to any other provisions of this Act or the rules, the rules may make provision with respect to the following matters, including provision imposing requirements as to any of those matters —
the registration of patents and of published applications for patents;
the registration of transactions, instruments or events affecting rights in or under patents and applications;
Patents
the furnishing to the Registrar of any prescribed document or description of documents in connection with any matter which is required to be registered;
the correction of errors in the register and in any document filed at the Registry in connection with registration; and
the publication and advertisement of anything done under this Act or the rules in relation to the register.
Notwithstanding anything in subsection (2)(b), no notice of any trust, whether express, implied or constructive, shall be entered in the register and the Registrar shall not be affected by any such notice.
register
“register”, when used as a noun, means the register of patents maintained under section 43 and, when used as a verb, means, in relation to any thing, to register or register particulars, or enter notice, of that thing in the register and, when used in relation to a person, means to enter his name in the register;
The register need not be kept in documentary form.
Subject to the rules, the public shall have a right to inspect the register at the Registry at all convenient times.
right
“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;
Any person who applies for a certified copy of an entry in the register or a certified extract from the register shall be entitled to obtain such a copy or extract on payment of a fee prescribed in relation to certified copies and extracts.
The rules may provide that any person who applies for an uncertified copy or extract shall be entitled to such a copy or extract on payment of a fee prescribed in relation to uncertified copies and extracts.
Applications under subsection (6) or the rules made by virtue of subsection (7) shall be made in such manner as may be prescribed.
In relation to any portion of the register kept otherwise than in documentary form —
the right of inspection conferred by subsection (5) is a right to inspect the material on the register; and
the right to a copy or extract conferred by subsection (6) or the rules is a right to a copy or extract in a form in which it can be taken away and in which it is visible and legible.
Patents 72
Terms defined in s 2
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;
register
Defined · s 2“register”, when used as a noun, means the register of patents maintained under section 43 and, when used as a verb, means, in relation to any thing, to register or register particulars, or enter notice, of that thing in the register and, when used in relation to a person, means to enter his name in the register;
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
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