Patents Act · 2023 Revised Edition · Part · International Applications for Patents
82. Effect of filing international application for patent
Official textFrom Attorney General's Chambers, unchanged
An international application for a patent (Brunei Darussalam)
international application for a patent (Brunei Darussalam)
“international application for a patent (Brunei Darussalam)” means an application of that description which, on its date of filing, designates Brunei Darussalam;
for which a date of filing has been accorded under the Patent Co-operation
date of filing
“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);
Treaty shall, subject to sections 83 and 84, be treated for the purposes of this
Act as an application for a patent under this Act.
patent
“patent” means a patent under this Act and includes a patent in force by virtue of section 114(4);
If the application, or the designation of Brunei Darussalam in it, is withdrawn or (except as mentioned in subsection (3)) deemed to be withdrawn under the Patent Co-operation Treaty, it shall be treated as withdrawn under this Act.
Patent Co-operation Treaty
“Patent Co-operation Treaty” means the treaty of that name signed at Washington on 19th June 1970;
An application shall not be treated as withdrawn under this Act if it, or the designation of Brunei Darussalam in it, is deemed to be withdrawn under the Patent Co-operation Treaty —
Patents
because of an error or omission in an institution having functions under the Treaty; or
because, owing to circumstances outside the applicant’s control, a copy of the application was not received by the
International Bureau before the end of the time limited for that purpose under the Treaty; or
in such other circumstances as may be prescribed.
If an international application for a patent which designates
international application for a patent
“international application for a patent” means an application made under the Patent Co-operation Treaty;
Brunei Darussalam is refused a filing date under the Patent Co-operation
Treaty and the Registrar determines that the refusal was caused by an error or omission in an institution having functions under that Treaty, he may direct that the application shall be treated as an application under this Act, having such date of filing as he may direct.
Registrar
“Registrar” means the Registrar of Patents and includes any Deputy Registrar of Patents holding office under this Act;
The Registry shall act as a receiving Office under Article 2 of the Patent Co-operation Treaty in respect of international applications filed by citizens of Brunei Darussalam or persons resident in Brunei Darussalam.
The prescribed transmittal fee, in addition to the fees prescribed by the Patent Co-operation Treaty, shall be paid to the Registry by any person filing an international application under that Treaty.
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);
international application for a patent
Defined · s 2“international application for a patent” means an application made under the Patent Co-operation Treaty;
international application for a patent (Brunei Darussalam)
Defined · s 2“international application for a patent (Brunei Darussalam)” means an application of that description which, on its date of filing, designates Brunei Darussalam;
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;
Registrar
Defined · s 2“Registrar” means the Registrar of Patents and includes any Deputy Registrar of Patents holding office under this Act;
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