– Patents Order 2011, in force since January 1, 2012.
– Patents Rules 2012, in force since January 1, 2012.

– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since December 3, 1987.
– Convention Establishing the World Intellectual Property Organization (WIPO), since April 21, 1994.
– WTO’s TRIPS Agreement, since January 1, 1995.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since February 17, 2012.
– Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, since July 24, 2012.
– Patent Cooperation Treaty (PCT), since July 24, 2012.

Overview: under the Patents Order 2011, an invention may be patented if it meets the three requirements: (a) novelty; (b) inventive step; and (c) industrial applicability. The only subject matter excluded from patentability are inventions pertaining to methods of treatment of the human or animal body by surgery or therapy or of diagnosis practiced on the human or animal body. Inventions are not patentable if the publication or exploitation of the invention would be generally expected to encourage offensive, immoral or anti-social behavior.

Applicant: any person may make an application for a patent either alone or jointly with another. However, a patent for an invention will only be granted primarily to the inventor or joint inventors, or to any person or persons who is entitled to the property in the invention by virtue of (a) any rule of law (including foreign law); or (b) an enforceable term of an agreement made by the inventor before the making of the invention. The name and address of the inventor should be indicated.

Appointment of Agent: an agent is not required, but an address for service in Brunei is necessary. If the applicant is represented by an agent, a power of attorney is required.

Novelty: worldwide absolute novelty standard is applied.

Filing requirements for an application (to be sent to resident agent):
1. A request for the grant of a patent;
2. A specification, i.e. a description of the invention, one or more claims and any drawing referred to in the description or claims;
3. An abstract.

Procedure: the date of filing of an application for a patent is the earliest date on which the documents are filed at the Registry to initiate the application. Once the applicant has filed all the necessary documents, within the prescribed time period, and the application is not withdrawn or treated as abandoned, the Registry of Patents will conduct a preliminary examination of the documents followed by publication of the application. The applicant may file a request for a search, search and examination or examination of the documents. Upon receipt of the search and examination report, a request for the grant of the patent may be filed. The applicant may file a notice of intention to rely on an international preliminary report on patentability, if any. The applicant may amend the request for the grant of a patent at any time before payment of the fee for the grant of the patent.

Delivery of document: if granted, a certificate of grant is issued in paper format.

Duration: twenty years from filing date, however patent term extensions are available.

Extension: a patent term extension may be granted if there is (1) an unreasonable delay by the Registrar in granting the patent; (2) an unreasonable delay that occurred in obtaining grant of a foreign corresponding patent which has been relied on to meet the grant requirements of the Brunei patent, and an extension of term has been granted by the national patent office for that foreign corresponding patent; or (3) a delay occurred while obtaining marketing approval in Brunei for a pharmaceutical product that is the subject of a Brunei patent.

Supplementary Protection Certificates (SPCs): are available for pharmaceuticals and plant protection products under the Patents Order 2011 from January 1, 2012.

Annuities: annual fees shall be payable in respect of the fifth year onwards to maintain the patent, and shall be filed in the three-month period ending with the fourth or succeeding anniversary of the date of filing. The amount of annual fees payable is provided in Rule 3 and the First Schedule of the Patents Rules 2012.

Transitional provisions: the transitional provisions in Section 115 of the Patents Order 2011 allows for the continued re-registration of a patent granted in the United Kingdom, Malaysia or Singapore (“qualifying patent”) under the old Inventions Act 1925 as follows:
(i) a re-registration application filed before January 1, 2012 will be processed under the old Act.
(ii) any qualifying patent that is granted no more than three years before January 1, 2012, and is in force on that date, may be made the subject of an application for re-registration under the old Act within two years of January 1, 2012.
(iii) an application for a qualifying patent that is pending as of January 1, 2012 may be made the subject of an application for re-registration under the old Act within twelve months of the grant of that patent.

All existing re-registration patents and those obtained by virtue of (i)-(iii) above will be subject to the payment of local annual fees. The term of these patents will remain twenty years from the filing date of the qualifying patent, provided that the patent has not been revoked in the United Kingdom, Malaysia or Singapore, as the case may be.

PCT applications: to be filed in accordance with the provisions of the Patent Cooperation Treaty and the Regulations made thereunder. The international application for a patent shall be filed at the Registry in the English language in triplicate. The time limits for entering national phase are those which would normally apply: 30 months for both Chapters I and II. 

For a change of name or address: a change of name or address may be recorded by submitting a request using Patent Form PF28. No additional documents are required, however, the Registrar may ask for further evidence.