Patents Act · 2023 Revised Edition · Part · Employees’ Inventions
51. Supplementary provisions
Official textFrom Attorney General's Chambers, unchanged
This Part does not apply to an invention made by an employee unless at the time he made the invention one of the following conditions was satisfied in his case —
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;
he was mainly employed in Brunei Darussalam; or
he was not mainly employed anywhere or his place of employment could not be determined, but his employer had a place of business in Brunei Darussalam to which the employee was attached, whether or not he was also attached elsewhere.
In this Part, except so far as the context otherwise requires, references to the making of an invention by an employee are references to his making it alone or jointly with any other person, but do not include references to his merely contributing advice or other assistance in the making of an invention by another employee.
Any references in section 50 to a patent and to a patent being granted are respectively references to a patent or other protection and to its being granted whether under the law of Brunei Darussalam or the law in force in any other country or under any treaty or international convention.
patent
“patent” means a patent under this Act and includes a patent in force by virtue of section 114(4);
Nothing in this Part shall be construed as precluding the operation of an agreement or a contract in relation to the right to an invention.
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;
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