Patents Act · 2023 Revised Edition · Part · Infringement of Patents
67. Restrictions on relief for infringement
Official textFrom Attorney General's Chambers, unchanged
In proceedings for infringement of a patent, damages shall not be awarded and no order shall be made for an account of profits against a defendant who proves that at the date of the infringement he was not aware, and had no reasonable grounds for supposing, that the patent existed.
patent
“patent” means a patent under this Act and includes a patent in force by virtue of section 114(4);
A person shall not be taken to have been aware or to have had reasonable grounds for supposing by reason only of the application to a product of the word “patent” or “patented”, or any word or words expressing or implying that a patent has been obtained for the product, unless the number of the patent accompanied the word or words.
In proceedings for infringement of a patent, the court or the
Registrar may, if it or he thinks fit, refuse to award any damages, make an order for an account of profits or grant any other relief (including, in proceedings before the court, an injunction) —
Registrar
“Registrar” means the Registrar of Patents and includes any Deputy Registrar of Patents holding office under this Act;
in respect of an infringement committed during any further period specified under section 35(3), but before the payment of the renewal fee and any additional fee prescribed for the purposes of that subsection;
where the patent was granted on the basis of 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 section 30(2)(b)(vi), in respect of any infringement alleged to have been committed at any time when any claim (in the specification of the patent) that is alleged to have been infringed is not related to any claim in the application for the patent at the time the report was issued —
which has been examined; and
which is referred to in the report; or
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where the patent was granted on the basis of 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), in respect of any infringement alleged to have been committed at any time when any claim (in the specification of the patent) that is alleged to have been infringed is not related to any 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).
Where an amendment of the specification of a patent has been allowed under any of the provisions of this Act, the court or the Registrar shall not, in proceedings for an infringement of the patent committed before the decision to allow the amendment, award any damages, make an order for an account of profits or grant any other relief (including, in proceedings before the court, an injunction) unless the court or the Registrar is satisfied that the specification of the patent as published was framed in good faith and with reasonable skill and knowledge.
published
“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;
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;
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);
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
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