Patents Act · 2023 Revised Edition · Part · International Applications for Patents
84. Adaptation of provisions in relation to international application
Official textFrom Attorney General's Chambers, unchanged
Where an international application for a patent
international application for a patent
“international application for a patent” means an application made under the Patent Co-operation Treaty;
(Brunei Darussalam) is accorded a filing date under the Patent Co-operation
patent
“patent” means a patent under this Act and includes a patent in force by virtue of section 114(4);
Treaty —
that date or, if the application is re-dated under the Treaty to a later date, that later date shall be treated as the date of filing the application under this Act;
any declaration of priority made under the Treaty shall be treated as made under section 17(2), and where in accordance with the Treaty any extra days are allowed, the period of 12 months referred to in section 17(3)(a) shall be treated as altered accordingly;
and
any statement of the name of the inventor under the Treaty shall be treated as a statement filed under section 24(2).
If the application, not having been published under this Act, is published in accordance with the Patent Co-operation Treaty, it shall be
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;
Patents 114
treated, for purposes other than those mentioned in subsection (3), as published under section 27 when the national phase of the application begins or, if later, when published in accordance with the Treaty.
For the purposes of sections 58 and 74, the application, not having been published under this Act, shall be treated as published under section 27 —
if it is published in accordance with the Patent Co-operation
Treaty in the English language, on its being so published; and
if it is so published in a language other than the English language —
on the publication of an English translation of the application in accordance with section 83(6); or
on the service by the applicant of an English translation of the specification of the application on the
Government department concerned or, as the case may be, on the person committing the infringing act.
The reference in subsection (3)(b)(ii) to the service of an English translation on a Government department or other person is to its being sent by post or delivered to that department or person.
During the international phase of the application, section 20
does not apply (determination of questions of entitlement in relation to application under this Act), but after the end of the international phase section 20 applies.
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 (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;
inventor
Defined · s 2“inventor”, in relation to an invention, means the actual deviser of the invention and “joint inventor” shall be construed accordingly;
Patent Co-operation Treaty
Defined · s 2“Patent Co-operation Treaty” means the treaty of that name signed at Washington on 19th June 1970;
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;
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