Patents Act · 2023 Revised Edition · Part · Employees’ Inventions
50. Right to employees’ inventions
Official textFrom Attorney General's Chambers, unchanged
Notwithstanding anything in any rule of law, an invention made by an employee shall, as between him and his employer, be taken to belong to his employer for the purposes of this Act and all other purposes if —
employee
“employee” means a person who works or (where the employment has ceased) worked under a contract of employment or in employment under or for the purposes of a Government department;
the invention was made in the course of the normal duties of the employee or in the course of duties falling outside his normal duties, but specifically assigned to him, and the circumstances in either case were such that an invention might reasonably be expected to result from the carrying out of his duties; or
the invention was made in the course of the duties of the employee and, at the time of making the invention, because of the nature of his duties and the particular responsibilities arising from the nature of his duties he had a special obligation to further the interests of the employer’s undertaking.
Any other invention made by an employee shall, as between him and his employer, be taken for those purposes to belong to the employee.
employer
“employer”, in relation to an employee, means the person by whom the employee is or was employed;
Where by virtue of this section an invention belongs, as between him and his employer, to an employee, nothing done —
by or on behalf of the employee or any person claiming under him for the purposes of pursuing an application for a patent; or
by any person for the purpose of performing or working the invention, shall be taken to infringe any copyright or design right to which, as between him and his employer, his employer is entitled in any model or document relating to the invention.
In subsection (3), the reference to application for a patent includes an application for other protection for an invention, and includes an application for a patent or any other protection under the law of a country other than
patent
“patent” means a patent under this Act and includes a patent in force by virtue of section 114(4);
Brunei
Darussalam or under any treaty to which
Brunei Darussalam is a party.
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Terms defined in s 2
country
Defined · s 2“country” includes — (a) a colony, protectorate or territory subject to the authority or under the suzerainty of another country; or (b) a territory administered by another country under the trusteeship of the United Nations;
employee
Defined · s 2“employee” means a person who works or (where the employment has ceased) worked under a contract of employment or in employment under or for the purposes of a Government department;
employer
Defined · s 2“employer”, in relation to an employee, means the person by whom the employee is or was employed;
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
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