Patent

What is Patent?

PCT

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FAQs

WHAT IS A PATENT?
  • A patent is an exclusive right granted for an invention. An invention may be a product or a process that provides a new way of doing something or offers a new technical solution to a problem.
  • In Brunei Darussalam, patent protection is administered by the Brunei Intellectual Property Office (BruIPO) under the Patents Act (Cap. 262).
WHAT ARE THE BENEFITS OF PROTECTING PATENT?
  • A patent is an exclusive right granted for an invention. An invention may be a product or a process that provides a new way of doing something or offers a new technical solution to a problem.
  • In Brunei Darussalam, patent protection is administered by the Brunei Intellectual Property Office (BruIPO) under the Patents Act (Cap. 262).
WHAT IS THE PATENT PROTECTION SYSTEM?
  • Brunei Darussalam adopts a first-to-file This means the first person to file a patent application has priority over others for the same invention.
  • The patent system is self-assessing, whereby applicants decide whether and when to request search and examination.
  • The system is formality-based, and substantive search and examination are outsourced to the Intellectual Property Office of the Philippines (IPOPHL).
  • A patent, once granted, is protected for up to 20 years, subject to the payment of prescribed maintenance fees.
WHAT CAN BE PATENTED UNDER THE PATENTS ACT (Cap. 262)?

To be patentable in Brunei Darussalam, an invention must satisfy all of the following criteria:

  • Novelty
    The invention must be new and not publicly disclosed anywhere in the world before the filing date.
  • Inventive Step
    The invention must not be obvious to a person skilled in the relevant technical field.
  • Industrial Applicability
    The invention must be capable of being made or used in some kind of industry.
WHAT IS NOT PATENTABLE UNDER THE PATENTS ACT (Cap. 262)?

The following, among others, are not patentable under the Patents Act (Cap. 262):

  • Methods of treatment of the human or animal body by surgery, therapy, or diagnosis.
  • Inventions that are contrary to public order, morality, or which promote offensive, immoral, or anti-social behaviour.
IS A PATENTED INVENTION PROTECTED WORLDWIDE?
  • Patent protection is territorial. A patent granted by BruIPO is only valid in Brunei Darussalam.
  • However, as Brunei Darussalam is a member of the Patent Cooperation Treaty (PCT), applicants may seek patent protection in multiple countries by filing an international application through the PCT system.
HOW TO REGISTER A PATENT IN BRUNEI DARUSSALAM?

Here’s a simple step-by-step guide to help you through the process.

Step 1: File Your Patent Application

Submit the following to BruIPO:

  • Patent Form 1 (Filing a request for the grant of a patent.)
  • Specification, which includes:
    • Description of the invention
    • At least one claim
    • Abstract
    • Drawings (if applicable)
  • Patent Form 8 (Statement of Inventorship and Right to Grant, if required) 

Official filing fee: BND 160

Once filed, BruIPO will conduct a formality check and issue an acknowledgement letter.

 

Step 2: Request for Search and/or Examination

After filing, you must request a search and/or examination of your invention.

You may choose one of the following options:

Option A – Request for Search Report

  • Patent Form 11
  • Fee: BND 1,750
  • Search report issued (generally within 13 months*)

Option B – Request for Search and Examination Report

  • Patent Form 12
  • Fee: BND 2,600
  • Examination report issued (generally within 21 months*)

Option C –Request for Examination Report

  • Patent Form 16
  • Fee: BND 1,100
  • Examination report issued (generally within 21 months*)

*Timeline calculated from the declared priority date or filing date if no priority is claimed.

 

Step 3: Apply for Grant of Patent

Once examination requirements are satisfied:

  • Submit Patent Form 19 (Request for Certificate of Grant)
  • Fee: BND 200
  • Additional BND 20 for each claim exceeding 25 claims

If all requirements are met, BruIPO will grant the patent and issue a certificate.

 

Other Filing Options

Filing for International Protection (PCT Route)

If you wish to seek patent protection outside Brunei Darussalam, you may file through the Patent Cooperation Treaty (PCT) system via BruIPO.

 The PCT allows you to:

  • File one international application
  • Receive an international search report
  • Decide later (generally within 30 months from priority date) which countries to pursue protection

Important:

  • The PCT does not grant a “worldwide patent”
  • Final patent grants are decided by each country
  • BruIPO acts as a Receiving Office for PCT applications

This route is suitable if you are considering protection in multiple countries.

 

Need Help?

If you are unsure about the technical or legal requirements, you may wish to consult a registered patent agent or IP professional.