AGC SIGNATURE COPY 
[H 09/02/2012] 
 
 
 
  
 
 
 
PATENTS ORDER, 2011 
(S 57/2011) 
 
PATENTS RULES, 2012 
 
ARRANGEMENT OF RULES 
 
Rule 
PRELIMINARY 
 
1.  Citation and commencement. 
2.  Interpretation. 
3.  Fees. 
4.  Forms. 
5.  Costs. 
6.  Taxation of costs. 
7.  Taxation proceedings. 
8.  International exhibitions. 
9.  Declaration of priority for purposes of section 17( 2). 
10.  Request to Registrar for permission to make late de claration under section 17(4). 
11.  Furnishing of application or file number and of pri ority documents to support 
declaration under section 17(2). 
12.  Translation of priority documents. 
 
RIGHT TO APPLY FOR AND OBTAIN A PATENT 
 
13.  References under section 20(1) (a) . 
14.  References by co-proprietors under section 20(1) (b) . 
15.  Orders under section 20. AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
ii 
 16.  Prescribed period for new application under section  20(3). 
17.  Authorisation under section 20(5). 
18.  Request by joint applicants under section 22. 
19.  Referral to Registrar under section 23. 
 
INVENTORS 
 
20.  Mention of inventor. 
21.  Procedure where applicant is not inventor or sole i nventor. 
 
APPLICATIONS FOR PATENTS 
 
22.  Application for grant of patent. 
23.  Micro-organisms. 
24.  Drawings. 
25.  Abstracts. 
26.  Size and presentation of documents. 
27.  Form of statements, counter-statements and evidence . 
28.  Unity of invention. 
29.  Certain matters prescribed under section 26. 
30.  Missing parts. 
31.  New applications under section 26(11). 
32.  Extension of period for filing new applications. 
33.  Publication of applications. 
34.  Completion of preparations for publication. 
 
PROCEDURE FOR GRANT 
 
35.  Address for service. 
36.  Formal requirements. 
37.  Preliminary examination. 
38.  Request for search report. 
39.  Request for search and examination report. AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
iii 
 40.  Period for filing request for search report. 
41.  Minimum documentation for search. 
42.  Prescribed patent offices. 
43.  Request for examination report. 
44.  Reliance on international preliminary report on pat entability. 
45.  Period prescribed under section 29(2) (b)  to (e)  or (4). 
46.  Information prescribed under section 29(2) (c) (ii) or (d) (ii). 
47.  Search procedure where 2 or more inventions claimed . 
48.  Written opinion of Examiner etc. 
49.  Putting application in order. 
50.  Extension of prescribed periods under sections 29(7 ) and 30(1) (a) . 
51.  Application for amendment before grant. 
52.  Time for making amendments before grant. 
53.  Certificate of grant. 
 
PATENTS AFTER GRANT 
 
54.  Renewal of patents. 
55.  Extension of term of patent. 
56.  Amendment of specification after grant. 
57.  Search and examination after grant. 
58.  Restoration of lapsed patent. 
59.  Modified application of section 40 to patent to whi ch section 115(4) applies. 
60.  Surrender of patents. 
 
REGISTER AND OFFICIAL DOCUMENTS 
 
61.  Register of patents. 
62.  Alteration or correction of name, address or addres s for service. 
63.  Application for registration of transaction etc. 
64.  Request for correction of errors. 
65.  Inspection of register etc. 
66.  Advertisement of matters contained in register. AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
iv 
 67.  Entries in respect of right to a patent. 
68.  Certificates and copies supplied by Registrar. 
69.  Orders or directions by court. 
 
ENTITLEMENT TO PATENT 
 
70.  Reference to Registrar of right to patent. 
71.  Application for authorisation to carry out directio ns. 
72.  Time limits for making new application. 
73.  Request for licence to continue working new patent.  
74.  Reference as to entitlement to grant of licence. 
 
LICENCES OF RIGHT 
 
75.  Entry in register of licence of right. 
76.  Settlement of terms of licence of right. 
77.  Cancellation of entry in register as to licence of right by proprietor. 
78.  Cancellation of entry in register as to licence of right by third party. 
79.  Procedure as to cancellation of entry in register a s to licence of right. 
80.  Action by Registrar on cancellation in register as to licence of right. 
 
INFRINGEMENT OF PATENTS 
 
81.  Particulars prescribed under section 64(4). 
 
INFRINGEMENT PROCEEDINGS BEFORE REGISTRAR 
 
82.  Reference to Registrar for determination of infring ement. 
83.  Procedure where validity of patent is in dispute. 
84.  Application for declaration as to non-infringement.  AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
v 
  
 
REVOCATION OF PATENTS 
 
85.  Procedure on application for revocation. 
86.  Material information prescribed under section 80(1) (f) (iii). 
87.  Procedure relating to preparation of re-examination  report. 
88.  Copies and conclusions of re-examination report. 
89.  Award of costs on surrender of patent. 
90.  Notification of an opportunity to amend. 
 
AMENDMENT OF PATENTS IN INFRINGEMENT OR REVOCATION 
PROCEEDINGS 
 
91.  Procedure as to opposition to amendment. 
 
NATIONAL PROCESSING OF INTERNATIONAL APPLICATIONS 
 
92.  Treatment of international applications. 
 
HEARINGS, AGENTS AND CORRECTION OF ERRORS 
 
93.  Registrar’s discretionary powers. 
94.  Request for hearing. 
95.  Hearings in public. 
96.  Right of audience. 
97.  Correction of errors in patents and applications. 
 
INFORMATION AND INSPECTION 
 
98.  Information about patents and patent applications. 
99.  Inspection of documents. 
100.  Confidential documents. AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
vi 
 101.  Publication of bibliographic information. 
102.  Request for information on unpublished patent appli cations. 
 
 
GENERAL 
 
103.  Service of documents. 
104.  Hours of business and excluded days. 
105.  Correction of irregularities. 
106.  Dispensation by Registrar. 
107.  Filing of evidence. 
108.  Statutory declarations and affidavits. 
109.  Admission of documents. 
110.  Directions as to furnishing of documents. 
111.  Filing of miscellaneous documents. 
112.  Supporting statements or evidence. 
113.  Appointment of scientific advisers by Registrar. 
114.  Alteration of time limits. 
115.  Protection and compensation of persons affected by extension of time. 
116.  Calculation of times or periods. 
117.  Copies of documents. 
118.  Translations. 
119.  Publication and sale of documents. 
120.  Journal. 
121.  Reports of cases. 
 
INTERNATIONAL APPLICATIONS 
 
122.  Filing of international applications. 
123.  Fees for international applications. 
124.  Certified copies. 
125.  Fee currency. 
 AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
vii 
 FIRST SCHEDULE −  FEES PAYABLE 
SECOND SCHEDULE −  DESCRIPTIONS OF FORMS 
THIRD SCHEDULE −  SCALE OF COSTS 
FOURTH SCHEDULE −  MICRO-ORGANISMS 
FIFTH SCHEDULE  REMUNERATION OF SCIENTIFIC 
ADVISERS 
 
 AGC SIGNATURE COPY 
[H 09/02/2012] 
 
 
 
  
 
 
 
PATENTS ORDER, 2011 
(S 57/2011) 
 
PATENTS RULES, 2012 
 
 
In exercise of the powers conferred by sections 43,  107 and 112 of the Patents Order, 
2011, the Minister of Energy in the Office of the P rime Minister, with the approval of His 
Majesty the Sultan and Yang Di-Pertuan, hereby make s the following Rules – 
 
PRELIMINARY 
 
Citation and commencement. 
1.  These Rules may be cited as the Patents Rules, 201 2 and shall commence on the same 
date as the Patents Order, 2011. 
 
Interpretation. 
2.  (1) In these Rules, unless the context otherwise r equires – 
 
“certificate of grant” means a certificate for the purposes of section 34(1); 
 
“convention country” has the same meaning as in sec tion 17(10); 
 
“costs” includes fees, charges, disbursements, expe nses, allowances and 
remuneration; 
 
“declared priority date” means – 
(a)  the date of filing of the earliest relevant applic ation specified in 
a declaration made for the purposes of section 17(2 ) where the AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
2 
 priority date claimed in the declaration has not be en lost or 
abandoned and where the declaration has not been wi thdrawn 
before preparations for the publication of the appl ication in suit 
have been completed by the Registry in accordance w ith 
section 27; or 
(b)  where an international application for a patent (B runei 
Darussalam) is to be treated as an application for a patent under 
the Order, the date of filing of the earliest appli cation filed in or 
for a country which is a convention country or whic h, in 
accordance with the law of a convention country or a treaty or 
international convention to which a convention coun try is a 
party, is equivalent to such an application, the pr iority of which 
is claimed in a declaration filed for the purposes of Article 8 of 
the Patent Co-operation Treaty, provided that such priority 
claim has not been lost or abandoned under the prov isions of 
that Treaty; 
 
“initiation date” , in relation to a new applicatio n for a patent, means the date 
on which the application was initiated by the filin g at the Registry of any 
document which satisfies any condition referred to in section 26(1) (a) , (b)  or 
(c) ; 
 
(2) In these Rules, except where otherwise indicate d – 
(a)  references to a section are references to that sec tion of the Order; 
(b)  references to a rule are references to that rule i n these Rules; 
(c)  references to a Schedule are references to that Sc hedule to these Rules; 
and 
(d)  references to the filing of a form or other docume nt are references to 
filing it at the Registry. 
 
(3) The Examiners prescribed for the purposes of se ction 2 shall be the Austrian 
Patent Office, the Danish Patent and Trademark Offi ce and the Hungarian Patent Office. 
 AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
3 
 Fees. 
3. (1) The fees to be paid in respect of matters arisi ng under the Order or these Rules 
shall be those prescribed in the First Schedule. 
 
(2) Unless – 
(a)  otherwise provided for in these Rules; or 
(b)  the Registrar permits or directs otherwise, 
where a fee is prescribed in the First Schedule in respect of any matter, the fee shall be paid at 
the same time as the filing of the form correspondi ng to the matter. 
 
Forms. 
4.  (1) The Registrar shall publish in the journal – 
(a)  the forms to be used for any purpose relating to –  
(i) any application for or grant of a patent; 
(ii) any proceedings before the Registrar under the  Order or these 
Rules; or 
(iii) any other matter under the Order or these Rul es; 
(b)  the Registrar’s directions relating to the use of any form; and 
(c)  any amendment or modification of any such form or direction. 
 
(2) Any form may be modified on the direction of th e Registrar for use in a case 
other than the case for which it is intended. 
 
(3) Any reference in these Rules to a numbered form  shall be construed as a 
reference to the current version of the form bearin g the corresponding number which is – 
(a)  described in the Second Schedule; and 
(b)  published in the journal. 
 
Costs. 
5. The Registrar may make an order for costs in respec t of – 
(a)  any of the matters set out in the second column of  Part I of the Third Schedule; 
and AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
4 
 (b)  the expenses and allowances of a person in relatio n to proceedings under the 
Order or these Rules. 
 
Taxation of costs. 
6. (1) Where the Registrar has made an order for costs  in favour of a party to 
proceedings before the Registrar and the party wish es to have party and party costs taxed by 
the Registrar, the party shall, within one month fr om the date of the order for costs – 
(a)  apply for the costs to be taxed by filing a copy o f the bill of costs; and 
(b)  send at the same time a copy of the bill of costs to every other person 
entitled to be heard in the taxation proceedings. 
 
(2) Every bill of costs shall set out in 2 separate  sections the following – 
(a)  work done in the cause or matter; and 
(b)  all disbursements made in the cause or matter. 
 
(3) The costs claimed under sub-rule (2) shall set out the sum claimed for each 
item. 
 
(4) The bill of costs shall set out in chronologica l order, with dates, all relevant 
events in the cause or matter. 
 
(5) Where costs have already been awarded for any o f the events set out, this fact 
and the amount awarded shall be indicated. 
 
(6) Any party on whom a copy of the bill of costs h as been served in accordance 
with sub-rule (1) shall, if he wishes to dispute th e bill, within 14 days from the receipt of the 
copy of the bill, mark the copy thereof in accordan ce with sub-rule (7) and send a copy 
thereof duly marked to both the Registrar and the p arty requesting for taxation. 
 
(7) A party on whom a copy of the bill of costs has  been served shall effect 
marking on the copy thereof served by writing on th e right hand margin against each item the 
word “Agree” if he agrees with the cost claimed for  that item or the word “Disagree” if he 
disagrees. AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
5 
  
(8) Upon the expiry of the period of time referred to in sub-rule (6), the Registrar 
shall give to the parties entitled to be heard in t he taxation proceedings notice of the date and 
time appointed for taxation. 
 
Taxation proceedings. 
7.  (1) If any party entitled to be heard in any taxat ion proceedings before the 
Registrar does not attend at the time appointed for  the taxation, the Registrar may proceed 
with the taxation. 
 
(2) The Registrar may, if he thinks it is necessary  to do so, adjourn the 
proceedings from time to time. 
 
(3) The provisions relating to the scale of costs i n the Third Schedule shall apply 
to the taxation proceedings. 
 
(4) When the bill has been taxed, the Registrar sha ll proceed to make his 
certificate for the amount of the taxed costs. 
 
(5) Costs awarded in proceedings before the Registr ar are not intended to 
compensate the parties for the expense to which the y have been put. 
 
International exhibitions. 
8.  (1) An applicant for a patent who wishes the discl osure of matter constituting an 
invention to be disregarded in accordance with sect ion 14(4) (c)  shall, within the same day of 
filing the application for the patent, inform the R egistrar in writing that the invention has 
been displayed at an international exhibition. 
 
(2) The applicant shall, within 4 months from the d ay of filing the application, file 
a certificate, issued by the authority responsible for the exhibition, stating that the invention 
was in fact exhibited there. 
 AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
6 
 (3) The certificate shall also state the opening da te of the exhibition and, where 
the first disclosure of the invention did not take place on the opening date, the date of the first 
disclosure. 
 
(4) The certificate shall be accompanied by an iden tification of the invention, duly 
authenticated by the authority. 
 
(5) For the purposes of section 2(2), a statement m ay be published in the journal 
that an exhibition described in the statement falls  within the definition of international 
exhibition in section 2(1). 
 
(6) In the case of an international application for  a patent (Brunei Darussalam), 
the application of this rule shall be subject to ru le 92(5). 
 
Declaration of priority for purposes of section 17( 2). 
9.  (1) Subject to sub-rule (2), a declaration for the  purposes of section 17(2) made in 
or in connection with an application for a patent ( referred to in this rule and rules 10 and 11 
as the application in suit) shall be made at the ti me of filing the application in suit. 
 
(2) A declaration for the purposes of section 17(2)  may be made after the date of 
filing if – 
(a)  it would cause – 
(i) the application in suit to have a declared prio rity date, where 
there was none previously; or 
(ii) the declared priority date of the application in suit to be brought 
forward to an earlier date; 
(b)  it is made within 16 months from – 
(i) where paragraph (a) (i) applies, the declared priority date; or 
(ii) where paragraph (a) (ii) applies, the earlier date; 
(c)  it is made on Patents Form 62; 
(d)  the prescribed fee has been paid; and 
(e)  the condition referred to in sub-rule (4) is satis fied. 
 AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
7 
 (3) Where a request to the Registrar to correct a m istake in a declaration for the 
purposes of section 17(2) would, if granted, cause the declared priority date to be changed to 
a different date, the request shall not be granted unless – 
(a)  it is made within 16 months from the declared prio rity date, as 
changed; 
(b)  it is made on Patents Form 62; 
(c)  the prescribed fee has been paid; and 
(d)  the condition referred to in sub-rule (4) is satis fied. 
 
(4) For the purposes of sub-rules (2) (e)  and (3) (d) , the condition is that – 
(a)  the applicant has not made any request under secti on 27(2) to publish 
the application in suit during the period prescribe d for the purposes of section 27; or 
(b)  any such request has been withdrawn. 
 
(5) Subject to sub-rule (6), a declaration for the purposes of section 17(2) shall 
specify, in respect of each priority application – 
(a)  the date of filing of the priority application; an d 
(b)  the country in or for which the priority applicati on was made. 
 
(6) Where the application in suit is an internation al application for a patent 
(Brunei Darussalam), sub-rule (5) shall not apply i n respect of a priority application if – 
(a)  the date of filing of that priority application; a nd 
(b)  the country in or for which that priority applicat ion was made, 
have been indicated in compliance with rule 4.10 (a)  and (b)  of the Rules under the Patent Co-
operation Treaty. 
 
(7) Where section 26(11) applies, a declaration for  the purposes of section 17(2) 
shall not be made in or in connection with a new ap plication referred to in section 26(11) if 
the declaration has not also been made in or in con nection with the earlier application. 
 
(8) In this rule and rules 10 and 11 – 
 AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
8 
 “priority application” means an earlier relevant ap plication specified in a 
declaration for the purposes of section 17(2); 
 
“relevant application” has the same meaning as in s ection 17(9). 
 
Request to Registrar for permission to make late de claration under section 17(4). 
10. (1) The period prescribed for the purposes of secti on 17(3)(b)  shall be 2 months. 
 
(2) For the purposes of section 17(6) (a) , a request under section 17(4) shall – 
(a)  subject to rule 92(4), be made before the end of t he period referred to 
in section 17(3) (b) ; 
(b)  be made on Patents Form 62; 
(c)  be made only if the prescribed fee has been paid; 
(d)  if the applicant failed to file the application in  suit within the period 
referred to in section 17(3) (a) , state the reason for the failure to file the appl ication in 
suit within that period; and 
(e)  be made only if – 
(i) the request relates to an international applica tion for a patent 
(Brunei Darussalam); or 
(ii) where the request does not relate to an intern ational application 
for a patent (Brunei Darussalam), the condition ref erred to in 
sub-rule (3) is satisfied. 
 
(3) For the purposes of paragraph (2) (e) (ii), the condition is that – 
(a)  the applicant has not made any request under secti on 27(2) to publish 
the application in suit during the period prescribe d for the purposes of section 27; or 
(b)  any such request has been withdrawn. 
 
(4) Where the Registrar determines that every appli cable condition referred to in 
section 17(6) for granting a request under section 17(4) has been satisfied, the Registrar shall 
grant the request and notify the applicant accordin gly. 
 AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
9 
 (5) Where the condition referred to in section 17(6 )(b)  for granting a request 
under section 17(4) has not been satisfied, the Reg istrar shall notify the applicant that the 
Registrar intends to refuse the request unless – 
(a)  observations are made or evidence is filed, within  2 months from the 
date of the notification, to satisfy the Registrar that the applicant’s failure to file the 
application in suit within the period referred to i n section 17(3) (a)  – 
(i) occurred in spite of due care required by the c ircumstances 
having been taken; or 
(ii) was unintentional; and 
(b)  the Registrar is so satisfied on the observations made or evidence filed. 
 
(6) Where sub-rule (5) applies, the Registrar shall  refuse the request under section 
17(3), and shall inform the applicant accordingly, if – 
(a)  the applicant fails to make the observations or fi le the evidence within 
2 months from the date of the Registrar’s notificat ion; or 
(b)  the Registrar is not satisfied, on all the observa tions made and evidence 
filed, that the applicant’s failure to file the app lication in suit within the period 
referred to in section 17(3) (a)  – 
(i) occurred in spite of due care required by the c ircumstances 
having been taken; or 
(ii) was unintentional. 
 
Furnishing of application or file number and of pri ority documents to support 
declaration under section 17(2). 
11. (1) Subject to sub-rule (3), the applicant shall, before the end of the period of 16 
months from the declared priority date, furnish to the Registry the application or file number 
of each priority application. 
 
(2) Subject to sub-rule (3), if the applicant fails  to comply with sub-rule (1) in 
respect of any priority application, the declaratio n for the purposes of section 17(2) shall be 
disregarded in so far as it relates to that priorit y application. 
 AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
10 
 (3) Where the application in suit is an internation al application for a patent 
(Brunei Darussalam), sub-rules (1) and (2) shall no t apply in respect of any priority 
application the application or file number of which  has been indicated in compliance with 
rule 4.10 (a)  of the Rules under the Patent Co-operation Treaty.  
 
(4) Where the Registrar, by notice sent to the appl icant or proprietor, as the case 
may be, requires him to furnish to the Registry, in  respect of any priority application, a copy 
of that priority application which is – 
(a)  duly certified by the authority with which it was filed; or 
(b)  otherwise acceptable to the Registrar, 
the applicant or proprietor, as the case may be, sh all, within 2 months from the date of the 
notice – 
(i) comply with the Registrar’s requirement; or 
(ii) if a copy of that priority application is kept  at the Registry, as 
an alternative to complying with the Registrar’s re quirement, 
file – 
(A) a request that a copy of that priority applicat ion be 
prepared; and 
(B) Patents Form 31 requesting the Registrar to cer tify the 
prepared copy. 
 
(5) If the applicant or proprietor, as the case may  be, fails to comply with sub-rule 
(4) in respect of any priority application, the dec laration for the purposes of section 17(2) 
shall be disregarded in so far as it relates to tha t priority application. 
 
Translation of priority documents. 
12. (1) Where – 
(a)  a copy of any priority application is furnished un der rule 11(4); 
(b)  that priority application is in a language other t han the English 
language; 
(c)  the validity of the claim to priority is relevant to determining whether 
the invention concerned is patentable; and AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
11 
 (d)  the Registrar, by notice sent to the applicant or proprietor, as the case 
may be, requires him to furnish to the Registry an English translation of that priority 
application, 
the applicant or proprietor, as the case may be, sh all, within 2 months from the date of the 
notice – 
(i) furnish to the Registry both of the following a t the same time – 
(A) an English translation of that priority applica tion; 
(B) a copy of a verification document – 
(BA) made in accordance with the Registrar’s 
requirements; and 
(BB) verifying that the translation corresponds to the 
original text of that priority application; or 
(ii) if an English translation of that priority app lication is kept at 
the Registry, as an alternative to complying with t he Registrar’s 
requirement, file – 
(A) a request that a copy of the translation be pre pared; and 
(B) Patents Form 31 requesting the Registrar to cer tify the 
prepared copy. 
 
(2) The Registrar may, by notice, require to be fil ed at the Registry or sent to the 
Registrar, within such period as may be specified i n the notice, the original of the verification 
document. 
 
(3) If the applicant or proprietor, as the case may  be, fails to comply with – 
(a)  sub-rule (1) in respect of any priority applicatio n; or 
(b)  the Registrar’s requirement under sub-rule (2) in respect of any 
verification document relating to any priority appl ication, 
the declaration for the purposes of section 17(2) s hall be disregarded in so far as it relates to 
that priority application. AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
12 
  
RIGHT TO APPLY FOR AND OBTAIN A PATENT 
 
References under section 20(1) (a) . 
13. (1) A reference under section 20(1) (a)  shall be made on Patents Form 2 and shall 
be accompanied by a copy thereof and a statement se tting out fully the nature of the question, 
the facts upon which the person making the referenc e relies and the order or other relief 
which he is seeking. 
 
(2) The Registrar shall send a copy of the referenc e and statement to – 
(a)  any person (other than the person referred to in s ub-rule (1)) alleged in 
the reference to be entitled to be granted a patent  for the invention; 
(b)  any person (not being a party to the reference) wh o is shown in the 
register as having a right in or under the patent a pplication; 
(c)  any person (not being a party to the reference) wh o is an applicant for 
the patent or has given notice to the Registrar of a relevant transaction, instrument or 
event; and 
(d)  every person who has been identified in the applic ation for a patent or 
a statement filed under section 24(2) (a)  as being, or being believed to be, the inventor 
or joint inventor of the invention. 
 
(3) If any person who is sent a copy of the referen ce and statement under sub-rule 
(2) wishes to oppose the making of the order or the  granting of the relief sought, he (“the 
opponent”) shall, within 2 months from the date of the Registrar’s letter forwarding such 
copies, file a counter-statement on Patents Form 3 setting out fully the grounds of his 
opposition and the Registrar shall send a copy of t he counterstatement to the person making 
the reference and to those recipients of the copy o f the reference and statement who are not 
party to the counter-statement. 
 
(4) The person making the reference or any such rec ipient may, within 2 months 
from the date of the Registrar’s letter forwarding a copy of the counter-statement, file 
evidence in support of his case and shall send a co py of the evidence – 
(a)  in any case, to the opponent; and AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
13 
 (b)  in the case of evidence filed by such a recipient,  to the person making 
the reference. 
 
(5) Within 2 months from the date of the Registrar’ s letter forwarding the copy of 
such evidence to him or, if no such evidence is fil ed, within 2 months from the expiration of 
the period within which the copy of such evidence c ould have been filed, the opponent may 
file evidence in support of his case and shall send  a copy of the evidence so filed to the 
person making the reference and those recipients; a nd, within 2 months from the date of 
receipt of the copy of the opponent’s evidence, tha t person or any of those recipients may file 
further evidence confined to matters strictly in re ply and shall send a copy of it to the persons 
mentioned in sub-rule (4) (a)  and (b) . 
 
(6) No further evidence shall be filed except by le ave or direction of the Registrar. 
 
(7) The Registrar may give such directions as he ma y think fit with regard to the 
subsequent procedure. 
 
References by co-proprietors under section 20(1) (b) . 
14. (1) A reference under section 20(1) (b)  shall be made on Patents Form 2 and shall 
be accompanied by a copy thereof and a statement se tting out fully the nature of the question, 
the facts relied upon by the co-proprietor making t he reference and the order he is seeking. 
 
(2) The Registrar shall send a copy of the referenc e and statement to – 
(a)  each co-proprietor who is not a party to the refer ence and who has not 
otherwise indicated, in writing, his consent to the  making of the order sought; 
(b)  any person to whom it is alleged in the reference that any right in or 
under an application for a patent should be transfe rred or granted; 
(c)  any person (not being a party to the reference) wh o is shown in the 
register as having a right in or under the patent a pplication; 
(d)  any person (not being a party to the reference) wh o has given notice to 
the Registrar of a relevant transaction, instrument  or event; and AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
14 
 (e)  every person who has been identified in the applic ation for the patent 
or a statement filed under section 24(2) (a)  as being, or being believed to be, the 
inventor or joint inventor of the invention. 
 
(3) Any person who receives a copy of the reference  and statement and who 
wishes to oppose the order sought may, within 2 mon ths from the date of the Registrar’s 
letter forwarding copies of the reference and state ment, file a counter-statement on Patents 
Form 3 setting out fully the grounds of his opposit ion. 
 
(4) The Registrar shall, as appropriate, send a cop y of any counter-statement to – 
(a)  each co-proprietor who is a party to the reference ; and 
(b)  any person to whom a copy of the reference and sta tement were sent 
pursuant to sub-rule (2). 
 
(5) Any person who receives a copy of the counter-s tatement may, within 2 
months from the date of the Registrar’s letter forw arding such copy, file evidence in support 
of his case and shall send a copy of the evidence s o filed to the co-proprietor making the 
reference and to each person who has filed a counte r-statement. 
 
(6) Any person entitled to receive a copy of the ev idence filed under sub-rule (5) 
may, within 2 months from the date of receipt of th e copy of such evidence or, if no such 
evidence is filed, within 2 months from the expirat ion of the period within which it could 
have been filed, file evidence in support of his ca se and shall send a copy of the evidence so 
filed to each of the other parties listed in sub-ru le (4). 
 
(7) Any person who receives a copy of the evidence filed under sub-rule (6) may, 
within 2 months from the date of receipt of the cop y of such evidence, file further evidence 
confined to matters strictly in reply and shall, as  appropriate, send a copy of the evidence so 
filed to the parties listed in sub-rule (4). 
 
(8) No further evidence shall be filed by any party  except by leave or direction of 
the Registrar. 
 AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
15 
 (9) The Registrar may give such directions as he ma y think fit with regard to the 
subsequent procedure. 
 
Orders under section 20. 
15. (1) Where an order is made under section 20 that an  application for a patent shall 
proceed in the name of one or more persons none of whom was an original applicant, the 
Registrar shall notify all original applicants and their licensees, of whom he is aware, of the 
making of the order. 
 
(2) A person notified under sub-rule (1) may make a  request under section 23(3) 
within 2 months from the date of the notification r eceived from the Registrar. 
 
Prescribed period for new application under section  20(3). 
16. The prescribed period for the purpose of section 20(3) shall be 3 months from the day 
on which the time for appealing from an order made under that subsection expires without an 
appeal being brought or, where an appeal is brought , from the day on which it is finally 
disposed of. 
 
Authorisation under section 20(5). 
17. (1) An application under section 20(5) for authori ty to do anything on behalf of a 
person to whom directions have been given under sec tion 20(2) (d)  or (4) shall be made on 
Patents Form 4 and shall be accompanied by a copy t hereof and a statement setting out fully 
all the facts upon which the applicant relies and t he nature of the authorisation sought. 
 
(2) The Registrar shall send a copy of the applicat ion and statement to the person 
alleged to have failed to comply with the direction s. 
 
(3) The Registrar may give such directions as he ma y think fit with regard to the 
subsequent procedure. AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
16 
  
Request by joint applicants under section 22. 
18. (1) A request under section 22 by a joint applica nt shall be made on Patents Form 
5 and shall be accompanied by a copy thereof and a statement setting out fully the facts upon 
which he relies and the directions which he seeks. 
 
(2) The Registrar shall send a copy of the request and statement to each of the 
other joint applicant who shall, if he wishes to op pose the request, within 2 months from the 
date of the Registrar’s letter forwarding such copi es to him, file a counter-statement on 
Patents Form 3 setting out fully the grounds of his  opposition, and the Registrar shall send a 
copy of the counter-statement to the person making the request and to each of the other joint 
applicant who is not a party to the counter-stateme nt. 
 
(3) The Registrar may give such directions as he ma y think fit with regard to the 
subsequent procedure. 
 
Referral to Registrar under section 23. 
19. (1) Where, following the making of such an order a s is mentioned in section 
23(3), a question is referred to the Registrar unde r section 23(5) as to whether any person is 
entitled to be granted a licence or whether the per iod or terms of the licence are reasonable, 
the reference shall be made on Patents Form 6 and s hall be accompanied by a copy thereof 
and a statement setting out fully the facts upon wh ich the person making the reference relies 
and the terms of the licence which he is prepared t o accept or grant. 
 
(2) The Registrar shall send a copy of the referenc e and statement to every person 
in whose name the application is to proceed or, as the case may be, every person claiming to 
be entitled to be granted a licence, in either case  not being the person who makes the 
reference, and if any recipient does not agree to g rant or accept a licence for such period and 
upon such terms, he shall, within 2 months from the  date of the Registrar’s letter forwarding 
such copies to him, file a counter-statement on Pat ents Form 3 setting out fully the grounds of 
his opposition and the Registrar shall send a copy of the counter-statement to the person 
making the reference. 
 AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
17 
 (3) The Registrar may give such directions as he ma y think fit with regard to the 
subsequent procedure. 
 
INVENTORS  
 
Mention of inventor. 
20. (1) An application to the Registrar under section 24(1) or (3) by any person who 
alleges – 
(a)  that he ought to have been mentioned as the invent or or joint inventor 
of an invention in any patent granted or published application for a patent for the 
invention; or 
(b)  that any person mentioned as sole or joint invento r in any patent 
granted or published application for a patent for t he invention ought not to have been 
so mentioned, 
shall be made on Patents Form 7 and shall be accomp anied by a statement setting out fully 
the facts relied upon. 
 
(2) The Registrar shall send a copy of any such app lication and statement to – 
(a)  every person registered as proprietor of, or appli cant for, the patent 
(other than the applicant under section 24 himself) ; 
(b)  every person who has been identified in the applic ation for the patent 
or a statement filed under section 24(2) (a)  as being, or being believed to be, the 
inventor or joint inventor of the invention; and 
(c)  every other person whose interests the Registrar c onsiders may be 
affected by the application. 
 
(3) Any recipient of a copy of such an application and statement who wishes to 
oppose the application shall, within 2 months from the date of the Registrar’s letter 
forwarding such copies to him, file a counter-state ment on Patents Form 3 setting out fully 
the grounds of his opposition, and the Registrar sh all send a copy of the counter-statement to 
each of the persons described in this rule other th an any person who is party to the counter-
statement. 
 AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
18 
 (4) The Registrar may give such directions as he ma y think fit with regard to the 
subsequent procedure. 
 
(5) The document prescribed for the purposes of sec tion 24(1) shall be an 
addendum or erratum slip. 
 
Procedure where applicant is not inventor or sole i nventor. 
21. (1) Subject to rules 32 and 92(9) and (10), the pe riod prescribed for the purposes 
of section 24(2) shall be – 
(a)  where there is no declared priority date, 16 month s from the date of 
filing of the application for a patent; or 
(b)  where there is a declared priority date, 16 months  from the declared 
priority date. 
 
(2) A statement filed under section 24(2) shall be made on Patents Form 8. 
 
(3) Where – 
(a)  the applicant is not the sole inventor; or 
(b)  the applicants are not the joint inventors of the invention, 
and the application does not contain a declared pri ority date which relates to an earlier 
relevant application as defined in section 17(9) (b) , the Registrar shall send a copy of the 
Patents Form 8 filed under sub-rule (1) to each inv entor who is not one of the applicants. 
 
(4) Where the application is an international appli cation for a patent (Brunei 
Darussalam), the requirements of sub-rule (1) shall  be treated as having been complied with 
if the provisions of rules 4.1 (a) (iv) and 4.6 of the Rules under the Patent Co-opera tion Treaty 
have been complied with, whether or not there was a ny requirement that they be complied 
with. 
 
APPLICATIONS FOR PATENTS 
 
Application for grant of patent. 
22. (1) A request for the grant of a patent shall be m ade on Patents Form 1. AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
19 
  
(2) Where a document containing an indication that a patent is sought in 
pursuance of an application is filed with the Regis trar without Patents Form 1 or the filing 
fee, the Form shall be filed with, and the fee shal l be paid to, the Registry within one month 
from the date of the filing of the document. 
 
(3) The specification contained in an application f or a patent made under section 
25 shall state the title of the invention and conti nue with the description and the claim or 
claims and the drawings, if any, in that order. 
 
(4) The title appearing in the request, specificati on and abstract shall be short, 
precise and indicate the matter to which the invent ion relates; and if in the opinion of the 
Registrar it fails to comply with this sub-rule, th e Registrar may reframe it so that it does so 
comply. 
 
(5) The description shall first state the title of the invention as appearing in the 
request and shall – 
(a)  specify the technical field to which the invention  relates; 
(b)  indicate the background art which, as far as it is  known to the 
applicant, can be regarded as useful for the unders tanding, searching and examination 
of the invention; 
(c)  disclose the invention as claimed in such terms th at the technical 
problem, even if not expressly stated as such, and its solution can be understood, and 
shall state the advantageous effects, if any, of th e invention with reference to the 
background art; 
(d)  briefly describe the figures in the drawings, if a ny; 
(e)  set forth at least one mode for carrying out the i nvention claimed, with 
examples where appropriate, and with reference to t he drawings, if any; and 
(f)  indicate explicitly, when it is not otherwise obvi ous from the 
description or the nature of the invention, the way  or ways in which the invention 
satisfies the condition in section 13(1) (c)  of being capable of industrial application. 
 AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
20 
 (6) The number of claims shall be reasonable in con sideration of the nature of the 
invention claimed, and where there are several clai ms, the claims shall be numbered 
consecutively in Arabic numerals. 
 
(7) The definition in the claim of the matter for w hich protection is sought shall be 
in terms of the technical features of the invention  which may be expressed in structural, 
functional or mathematical terms. 
 
(8) Claims shall be written – 
(a)  in 2 parts, the first part consisting of a stateme nt indicating those 
technical features of the invention which are neces sary in connection with the 
definition of the claimed subject-matter and which,  in combination, appear to be part 
of the prior art and the second part preceded by th e words “characterised in that”, 
“characterised by”, “wherein the improvement compri ses”, or other words to the same 
effect, followed by a statement stating concisely t he technical features which, in 
combination with the features stated in the first p art, define the matter for which 
protection is sought; or 
(b)  in a single statement containing a recitation of a  combination of several 
elements or steps, or a single element or step, whi ch defines the matter for which 
protection is sought. 
 
(9) Claims shall not rely, in respect of the techni cal features of the invention, on 
references to the description or drawings, unless s uch a reference is necessary for the 
understanding of the claim or enhances the clarity or conciseness of the claim. 
 
(10) Where – 
(a)  the documents filed at the Registry to initiate an  application for a 
patent include something which – 
(i) is or appears to be a description of the invent ion for which the 
patent is sought; and 
(ii) is in a language other than the English langua ge; and 
(b)  the applicant has not filed an English translation  of that thing, 
the Registrar shall notify the applicant that an En glish translation of that thing is required. AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
21 
  
(11) Where the applicant has been notified under su b-rule (10), he shall, within 2 
months from the date of the notification, file an E nglish translation of that thing. 
 
(12) If the applicant fails to comply with sub-rule  (11), the Registrar shall refuse 
his application for a patent. 
 
Micro-organisms. 
23. The Fourth Schedule shall have effect in relation to certain applications for patents, 
and granted patents, for inventions which require f or their performance the use of micro-
organisms. 
 
Drawings. 
24. (1) Drawings forming part of an application for a patent made under section 25 
shall be on sheets the size of which shall be A4 (2 9.7 cm x 21 cm). 
 
(2) The sheets shall not contain frames round the u sable or used surface. 
 
(3) The minimum margins shall be as follows – 
(a)  top: 2.5 cm; 
(b)  left side: 2.5 cm; 
(c)  right side: 1.5 cm; and 
(d)  bottom:1.0 cm. 
 
(4) The margins, when submitted, must be completely  blank. 
 
(5) Drawings shall be executed as follows – 
(a)  without colouring in durable, black, sufficiently dense and dark, 
uniformly thick and well-defined lines and strokes to permit satisfactory reproduction; 
(b)  cross-sections shall be indicated by oblique hatch ing which should not 
impede the clear reading of the reference signs and  leading lines; 
(c)  the scale of the drawings and the distinctiveness of their graphical 
execution shall be such that a photographic reprodu ction with a linear reduction in AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
22 
 size to two-thirds would enable all details to be d istinguished without difficulty. If, as 
an exception, the scale is given on a drawing, it s hall be represented graphically; 
(d)  all numbers, letters and reference lines, appearin g on the drawings, 
shall be simple and clear and brackets, circles and  inverted commas shall not be used 
in association with numbers and letters; 
(e)  each element of each figure shall be in proper pro portion to each of the 
other elements in the figure, except where the use of a different proportion is 
indispensable for the clarity of the figure; 
(f)  the height of the numbers and letters shall not be  less than 0.32 cm and 
for the lettering of drawings, the Latin and, where  customary, the Greek alphabets 
shall be used; 
(g)  the same sheet of drawings may contain several fig ures; where figures 
drawn on 2 or more sheets are intended to form one whole figure, the figures on the 
several sheets shall be so arranged that the whole figure can be assembled without 
concealing any part of the partial figures; and the  different figures shall be arranged 
without wasting space, clearly separated from one a nother and shall be numbered 
consecutively in Arabic numerals, independently of the numbering of the sheets; 
(h)  reference signs not mentioned in the description o r claims shall not 
appear in the drawings, and vice versa ; and the same features, when denoted by 
reference signs, shall throughout the application, be denoted by the same signs; 
(i)  the drawings shall not contain textual matter, exc ept, when required for 
the understanding of the drawings, a single word or  words such as “water”, “steam”, 
“open”, “closed”, “section on AA”, and in the case of electric circuits and block 
schematic or flow sheet diagrams, a few short catch words; and 
(j)  the sheets of drawings shall be numbered in accord ance with rule 
26(14) and (15). 
 
(6) Flow sheets and diagrams shall be considered dr awings for the purposes of 
these Rules. 
 
Abstracts. 
25. (1) The abstract shall commence with a title for t he invention. 
 AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
23 
 (2) The abstract shall contain a concise summary of  the disclosure as contained in 
the specification. 
 
(3) The summary shall indicate the technical field to which the invention belongs 
and be drafted in such a way which allows a clear u nderstanding of the technical problem to 
which the invention relates, the gist of the soluti on of that problem through the invention, and 
the principal use or uses of the invention. 
 
(4) Where appropriate, the abstract shall also cont ain the chemical formula which, 
among those contained in the specification, best ch aracterises the invention but shall not 
contain statements on the alleged merits or value o f the invention or on its speculative 
application. 
 
(5) The abstract shall be as concise as the disclos ure permits and shall normally 
not contain more than 150 words. 
 
(6) If the specification contains any drawings, the  applicant shall indicate on the 
abstract the figure or, exceptionally, the figures of the drawings which he suggests should 
accompany the abstract when published. 
 
(7) The Registrar may decide to publish one or more  other figures if he considers 
that they better characterise the invention. 
 
(8) Each main feature mentioned in the abstract and  illustrated by a drawing shall 
be followed by the reference sign used in that draw ing. 
 
(9) The abstract shall be so drafted that it consti tutes an efficient instrument for 
the purposes of searching in the particular technic al field, in particular by making it possible 
to assess whether there is a need to consult the sp ecification itself. 
 
Size and presentation of documents. 
26. (1) This rule shall apply to all documents (includ ing drawings) making up an 
application for a patent, including any replacement  thereof, to be filed with the Registry. AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
24 
  
(2) All documents referred to in sub-rule (1) shall  be in the English language. 
 
(3) Unless otherwise provided, the specification (i ncluding any drawing therein), 
abstract and any replacement sheet thereof shall be  filed singly. 
 
(4) All documents referred to in sub-rule (1) shall  be so presented as to permit 
direct reproduction by photography, electrostatic o r electronic processes, scanning, photo 
offset and microfilming, in an unlimited number of copies. 
 
(5) All sheets must be free from cracks, creases an d folds. 
 
(6) Only one side of the sheet shall be used. 
 
(7) All documents referred to in sub-rule (1) shall  be in A4 sheet size (29.7 cm x 
21 cm) and shall be on pliable, strong, white, smoo th, matt and durable paper. 
 
(8) Each sheet (other than drawings) shall be used with its short sides at the top 
and bottom (upright position). 
 
(9) The request for the grant of a patent, the desc ription, claims, drawings and 
abstract shall each commence on a new sheet. 
 
(10) The sheets shall be so connected that they can  be easily turned when 
consulted, and easily separated and joined again if  they have been separated. 
 
(11) The minimum margins of the sheets containing t he description, the claims and 
the abstract shall be as follows – 
(a)  top: 2.0 cm; 
(b)  left side: 2.5 cm; 
(c)  right side: 2.0 cm; and 
(d)  bottom: 2.0 cm. 
 AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
25 
 (12) The margins of the documents making up the app lication, when filed, and of 
any replacement documents, must be completely blank . 
 
(13) In the application, except in the drawings – 
(a)  all sheets in the request shall, when filed, be nu mbered consecutively; 
and 
(b)  all other sheets shall, when filed, be numbered co nsecutively as a 
separate series, and all such numbering shall be in  Arabic numerals placed at the top 
or bottom of the sheet, in the middle, but not in t he top or bottom margin. 
 
(14) All sheets of drawings contained in the applic ation shall be numbered 
consecutively as a separate series. 
 
(15) Such numbering shall be in Arabic numerals pla ced at the top or bottom of the 
sheet, in the middle, but not in the top or bottom margin. 
 
(16) Every document (other than drawings) referred to in sub-rule (1) shall be 
typed or printed in a dark, indelible colour in at least 11/2 line spacing and in characters of 
which the capital letters are not less than 0.21 cm  high except that graphic symbols and 
characters and chemical and mathematical formulae m ay be written or drawn, in a dark 
indelible colour. 
 
(17) The request for the grant of a patent, the des cription, claims and abstract shall 
not contain drawings. 
 
(18) The description, claims and abstract may conta in chemical or mathematical 
formulae. 
 
(19) The description and the abstract may contain t ables. 
 
(20) The claims may contain tables only if their su bject-matter makes the use of 
tables desirable. 
 AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
26 
 (21) In all documents referred to in sub-rule (1), units of weights and measures 
shall be expressed in terms of the metric system. 
 
(22) If a different system is used, units of weight s and measures shall also be 
expressed in terms of the metric system. 
 
(23) Temperatures shall be expressed in degrees Cel sius. 
 
(24) For the other physical values, the units recog nised in international practice 
shall be used, for mathematical formulae the symbol s in general use, and for chemical 
formulae the symbols, atomic weights and molecular formulae in general use shall be 
employed. 
 
(25) In general, use should be made of technical te rms, signs and symbols generally 
accepted in the field in question. 
 
(26) If a formula or symbol is used in the specific ation, a copy thereof, prepared in 
the same manner as drawings, shall be furnished if the Registrar so directs. 
 
(27) The terminology and the signs shall be consist ent throughout the application. 
 
(28) All documents referred to in sub-rule (1) shal l be reasonably free from 
deletions and other alterations, over-writings and interlineations and shall, in any event, be 
legible. 
 
(29) Non-compliance with this rule may be authorise d by the Registrar if the 
authenticity of the content is not in question and the requirements for good reproduction are 
not in jeopardy. 
 
Form of statements, counter-statements and evidence . 
27. Rule 26(4) to (8) shall apply, with the necessary modifications, to any statement, 
counter-statement or evidence filed, unless the Reg istrar directs otherwise. 
 AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
27 
 Unity of invention. 
28. (1) Notwithstanding section 25(5) (d) , where 2 or more inventions are claimed 
(whether in separate claims or as alternatives with in a single claim), such inventions shall be 
treated as being so linked as to form a single inve ntive concept only when there is a technical 
relationship among those inventions involving one o r more of the same or corresponding 
special technical features. 
 
(2) In this rule, “special technical features” mean s those technical features which 
define a contribution which each of the claimed inv entions, considered as a whole, makes 
over the prior art. 
 
Certain matters prescribed under section 26. 
29. (1) The information on an earlier relevant applica tion prescribed for the purposes 
of section 26(1) (c) (ii)(B) shall be – 
(a)  the date of filing of the earlier relevant applica tion; and 
(b)  the country in or for which the earlier relevant a pplication was made. 
 
(2) The period prescribed for the purposes of secti on 26(3) (b)  shall be 2 months 
from the date of the Registrar’s notification under  section 26(3) (a) . 
 
(3) The period prescribed for the purposes of secti on 26(7) shall be – 
(a)  subject to paragraph (b) , 3 months from the date of filing of the 
application for a patent; or 
(b)  where a new application has been filed under secti on 20(3), 26(11) or 
48(4), 3 months from the initiation date. 
 
(4) The documents prescribed for the purposes of se ction 26(7) (c)  shall be – 
(a)  either of the following – 
(i) a copy of the earlier relevant application refe rred to in section 
26(1) (c) (ii)(C) which is – 
(A) duly certified by the authority with which it w as filed; 
or 
(B) otherwise acceptable to the Registrar; AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
28 
 (ii) if a copy of that earlier relevant application  is kept at the 
Registry – 
(A) a request that a copy of that earlier relevant application 
be prepared; and 
(B) Patents Form 31 requesting the Registrar to cer tify the 
prepared copy; 
(b)  where the earlier relevant application referred to  in section 
26(1) (c) (ii)(C) is in a language other than the English lan guage, either of the 
following – 
(i) an English translation of that earlier relevant  application; 
(ii) if an English translation of that earlier rele vant application is 
kept at the Registry – 
(A) a request that a copy of the translation be pre pared; and 
(B) Patents Form 31 requesting the Registrar to cer tify the 
prepared copy; and 
(c)  Patents Form 61. 
 
(5) The period prescribed for the purposes of secti on 26(12) (a)  shall be – 
(a)  subject to paragraph (b)  – 
(i) where there is no declared priority date, 12 mo nths from the 
date of filing of the application for a patent; or 
(ii) where there is a declared priority date, which ever following 
period expires later – 
(A) 12 months from the declared priority date; or 
(B) 2 months from the date of filing of the applica tion; or 
(b)  where a new application has been filed under secti on 20(3), 26(11) or 
48(4), 2 months from the initiation date. 
 
Missing parts. 
30. (1) The period prescribed for the purposes of sect ion 26(8) shall be – 
(a)  if the applicant makes a request under section 26( 9) (b) (i) – 
(i) subject to sub-paragraph (ii), 3 months from th e date of filing 
of the application for a patent; or AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
29 
 (ii) where a new application has been filed under s ection 20(3), 
26(11) or 48(4), 3 months from the initiation date;  or 
(b)  if the applicant does not make any request under s ection 26(9) (b) (i), 
any time before payment of the fee for the grant of  the patent. 
 
(2) For the purposes of section 26(8), if the appli cant makes a request under 
section 26(9) (b) (i), any missing part of an application for a paten t shall be filed on Patents 
Form 61. 
 
(3) An applicant may only withdraw a missing part b y giving written notice to the 
Registrar. 
 
(4) The period prescribed for the purposes of secti on 26(9) (b)  shall be – 
(a)  subject to paragraph (b) , 3 months from the date of filing of the 
application for a patent; or 
(b)  where a new application has been filed under secti on 20(3), 26(11) or 
48(4), 3 months from the initiation date. 
 
(5) Any request under section 26(9) (b) (i) shall – 
(a)  be made at the time the applicant files any missin g part of the 
application under section 26(8); 
(b)  be accompanied by – 
(i) the statement under section 26(9) (b) (ii); 
(ii) the information under section 26(9) (b) (iii); and 
(iii) the documents under section 26(9) (b) (iv); and 
(c)  be considered never to have been made unless every  requirement under 
section 26(9) has been complied with. 
 
(6) The information on an earlier relevant applicat ion prescribed for the purposes 
of section 26(9) (b) (iii) shall be – 
(a)  the date of filing of the earlier relevant applica tion; 
(b)  the application or file number of the earlier rele vant application; and 
(c)  the country in or for which the earlier relevant a pplication was made. AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
30 
  
(7) The documents prescribed for the purposes of se ction 26(9) (b) (iv) shall be – 
(a)  either of the following – 
(i) a copy of the earlier relevant application refe rred to in section 
26(9) (a)  which is – 
(A) duly certified by the authority with which it w as filed; 
or 
(B) otherwise acceptable to the Registrar; 
(ii) if a copy of that earlier relevant application  is kept at the 
Registry – 
(A) a request that a copy of that earlier relevant application 
be prepared; and 
(B) Patents Form 31 requesting the Registrar to cer tify the 
prepared copy; and 
(b)  where the earlier relevant application referred to  in section 26(9) (a)  is 
in a language other than the English language, eith er of the following – 
(i) an English translation of that earlier relevant  application or of 
every part of that earlier relevant application in which the 
missing part of the application for a patent is con tained; 
(ii) if an English translation of that earlier rele vant application, or 
of every part of that earlier relevant application in which the 
missing part of the application for a patent is con tained, is kept 
at the Registry – 
(A) a request that a copy of the translation be pre pared; and 
(B) Patents Form 31 requesting the Registrar to cer tify the 
prepared copy. 
 
New applications under section 26(11). 
31. (1) Subject to sub-rules (2), (3) and (4), a new a pplication for a patent which 
includes a request that it be treated as having as its date of filing the date of filing of an earlier  
application may be filed in accordance with section  26(11) – 
(a)  of the applicant’s own volition; or 
(b)  to comply with the requirements of section 25(5) (d) . AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
31 
  
(2) Such new application shall in any event be made  – 
(a)  before the earlier application has been refused, wi thdrawn or treated as 
having been abandoned; and 
(b)  before all the conditions in section 30(2) and (3)  are satisfied. 
 
(3) Where possible, the description and drawings of  the earlier application and the 
new application shall respectively relate only to t he matter for which protection is sought by 
that application. 
 
(4) Where it is necessary for an application to des cribe the matter for which 
protection is sought by another application, it sha ll include a reference by number to that 
other application. 
 
Extension of period for filing new applications. 
32. Where a new application is filed under section 20( 3), 26(11) or 48(4) – 
(a)  the requirement under rule 9(1) shall be complied with on the initiation date; 
(b)  after the expiry of the period referred to in rule  9(2) (b) , the requirements under 
rule 9(2) (c)  and (d)  shall be complied with on the initiation date; 
(c)  after the expiry of the period referred to in rule  9(3) (a) , the requirements under 
rule 9(3) (b)  and (c)  shall be complied with on the initiation date; 
(d)  after the expiry of the period referred to in rule  10(2) (a) , the requirements 
under rule 10(2) (b) , (c)  and (d)  shall be complied with on the initiation date; 
(e)  after the expiry of the period referred to in rule  11(1), the requirement under 
rule 11(1) shall be complied with on the initiation  date; 
(f)  after the expiry of the period referred to in rule  21(1), the requirement under 
section 24(2) read with rule 21(2) shall be complie d with on the initiation date; and 
(g)  the requirements under paragraph 1(2) (a) (ii) and (3) of the Fourth Schedule, in 
a case to which they apply, shall be complied with on or before the time ascertained under 
paragraph 1(3) of that Schedule or the initiation d ate, whichever is the later. AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
32 
  
Publication of applications. 
33. (1) Subject to sub-rules (2), (3) and (4), an appl ication for a patent shall be 
published for the purposes of section 27 as soon as  possible after the expiration of 18 months 
from the declared priority date or, where there is no declared priority date, the date of filing 
the application. 
 
(2) Where a new application is filed under section 20(3), 26(11) or 48(4), as the 
case may be, the period prescribed for the purposes  of section 27 shall be 18 months from the 
declared priority date for the earlier application or, where there is no declared priority date, 
the date of filing the earlier application. 
 
(3) A request for early publication of an applicati on in accordance with section 
27(2) shall be made on Patents Form 9. 
 
(4) No application for a patent may be published if  it is – 
(a)  withdrawn by filing Patents Form 10; or 
(b)  treated as having been abandoned or refused, 
earlier than one month preceding the expiration of the time period applicable under sub-rule 
(1) or (2). 
 
Completion of preparations for publication. 
34. The Registrar may determine when the preparations for publication of an application 
for a patent are to be treated as having been compl eted. 
 
PROCEDURE FOR GRANT 
 
Address for service. 
35. Every person concerned in any proceedings to which  these Rules relate and every 
proprietor of a patent shall furnish to the Registr ar an address for service in Brunei 
Darussalam and that address may be treated for all purposes connected with such proceedings 
or patent as the address of the person concerned in  the proceedings or the proprietor of the 
patent. AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
33 
  
Formal requirements. 
36. (1) The following shall be formal requirements for  the purposes of the Order – 
(a)  the requirements of rule 22(1) and (4); 
(b)  the requirements laid down in rules 24(1), (2), (3 ), (4), (5) (other than 
those contained in sub-rule (5) (h) ), 25 and 26 (other than those contained in sub-rul es 
(19), (20) and (26)); 
(c)  the requirements of rule 35; and 
(d)  the filing of an abstract referred to in section 2 5(3) (c) . 
 
(2) Where the application is an international appli cation for a patent (Brunei 
Darussalam) which, by virtue of section 82, is to b e treated as an application for a patent 
under the Order, the requirements of rules 19(1), 2 1, 22 and 23 shall be treated as having 
been complied with to the extent that the requireme nts of the corresponding provisions of the 
Rules under the Patent Co-operation Treaty, have be en fulfilled. 
 
Preliminary examination. 
37. (1) Where, on a preliminary examination of an appl ication for a patent (referred to 
in this sub-rule as the application in suit), the R egistrar finds that a declaration for the 
purposes of section 17(2) specifies a date of filin g for an earlier relevant application which is 
more than 12 months before the date of filing of th e application in suit, the Registrar shall 
notify the applicant accordingly. 
 
(2) The period prescribed for the purposes of secti on 28(8) shall be – 
(a)  if the applicant makes a request under section 28( 9) (b) (i), 3 months 
from the date of the Registrar’s notification under  section 28(7); or 
(b)  if the applicant does not make any request under s ection 28(9) (b) (i), 
any time before payment of the fee for the grant of  the patent. 
 
(3) For the purposes of section 28(8), if the appli cant makes a request under 
section 28(9) (b) (i), the drawing or part of the description of the invention that is missing from 
the application shall be filed on Patents Form 61. 
 AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
34 
 (4) An applicant may only withdraw the drawing or p art of the description of the 
invention that is missing from the application by g iving written notice to the Registrar. 
 
(5) The period prescribed for the purposes of secti on 28(9) (b)  shall be 3 months 
from the date of the Registrar’s notification under  section 28(7). 
 
(6) Any request under section 28(9) (b) (i) shall – 
(a)  be made at the time the applicant files the drawin g or part of the 
description of the invention that is missing from t he application under section 28(8); 
(b)  be accompanied by – 
(i) the statement under section 28(9) (b) (ii); 
(ii) the information under section 28(9) (b) (iii); and 
(iii) the documents under section 28(9) (b) (iv); and 
(c)  be considered never to have been made unless every  requirement under 
section 28(9) has been complied with. 
 
(7) The information on an earlier relevant applicat ion prescribed for the purposes 
of section 28(9) (b) (iii) shall be – 
(a)  the date of filing of the earlier relevant applica tion; 
(b)  the application or file number of the earlier rele vant application; and 
(c)  the country in or for which the earlier relevant a pplication was made. 
 
(8) The documents prescribed for the purposes of se ction 28(9) (b) (iv) shall be – 
(a)  either of the following– 
(i) a copy of the earlier relevant application refe rred to in section 
28(9) (a)  which is – 
(A) duly certified by the authority with which it w as filed; 
or 
(B) otherwise acceptable to the Registrar; 
(ii) if a copy of that earlier relevant application  is kept at the 
Registry – 
(A) a request that a copy of that earlier relevant application 
be prepared; and AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
35 
 (B) Patents Form 31 requesting the Registrar to cer tify the 
prepared copy; and 
(b)  where the earlier relevant application referred to  in section 28(9) (a)  is 
in a language other than the English language, eith er of the following – 
(i) an English translation of that earlier relevant  application or of 
every part of that earlier relevant application in which the 
drawing or part of the description of the invention  that is 
missing from the application for a patent is contai ned; 
(ii) if an English translation of that earlier rele vant application, or 
of every part of that earlier relevant application in which the 
drawing or part of the description of the invention  that is 
missing from the application for a patent is contai ned, is kept at 
the Registry – 
(A) a request that a copy of the translation be pre pared; and 
(B) Patents Form 31 requesting the Registrar to cer tify the 
prepared copy. 
 
Request for search report. 
38. A request for a search report under section 29(2) (a)  shall be made on Patents Form 
11. 
 
Request for search and examination report. 
39. A request for a search and examination report unde r section 29(2) (b)  shall be made on 
Patents Form 12. 
 
Period for filing request for search report. 
40. (1) The period prescribed for the purposes of sect ion 29(2) (a)  shall be – 
(a)  if the application contains no declared priority d ate, 13 months from 
the date of filing; or 
(b)  if the application contains a declared priority da te, 13 months from the 
declared priority date. 
 AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
36 
 (2) Notwithstanding sub-rule (1), where a new appli cation is filed under section 
20(3), 26(11) or 48(4), as the case may be, the per iod prescribed for the purposes of section 
29(2) (a)  shall be 13 months from the actual date of filing of the new application. 
 
Minimum documentation for search. 
41. (1) The documentation prescribed for the purposes of section 29(3) and (6) 
(referred to in this sub-rule as the minimum docume ntation) shall consist of – 
(a)  the patents issued by or registered in Brunei Daru ssalam; 
(b)  the patent applications published in Brunei Daruss alam; 
(c)  the national patent documents as specified in sub- rule (3); and 
(d)  the published international (Patent Co-operation T reaty) applications. 
 
(2) The documentation prescribed for the purposes o f section 39(7) (referred to in 
this sub-rule as the minimum documentation) shall c onsist of – 
(a)  the patents issued by or registered in Brunei Daru ssalam; 
(b)  the patent applications published in Brunei Daruss alam; 
(c)  the national patent documents as specified in sub- rule (3); and 
(d)  the published international (Patent Co-operation T reaty) applications. 
 
(3) Subject to sub-rules (4) and (5), the national patent documents shall be the 
following – 
(a)  the patents issued by Australia, France, the forme r Reichspatentamt of 
Germany, Japan, Switzerland (in French and German l anguages only), the United 
Kingdom and the United States of America; 
(b)  the patents issued by the Federal Republic of Germ any; and 
(c)  the patent applications, if any, published in the countries referred to in 
paragraphs (a)  and (b) . 
 
(4) The patent documents of Japan, for which no abs tracts in the English language 
are generally available, need not form part of the minimum documentation referred to in sub-
rule (1) or (2). 
 AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
37 
 (5) Only those patents issued and those patent appl ications published, after a date 
not more than 50 years before the declared priority  date or, where there is no declared priority 
date, the date of filing of the application being s ubjected to a search, need form part of the 
minimum documentation referred to in sub-rule (1) o r (2). 
 
Prescribed patent offices. 
42. The patent offices prescribed for the purposes of the definitions of “corresponding 
application” and “corresponding patent” in section 2(1) and section 29(2) (c)  shall be – 
(a)  those of Australia, Canada (in respect of applicat ions for a Canadian patent 
filed in the English language), Japan, New Zealand,  Republic of Korea, the United 
Kingdom and the United States of America; and 
(b)  the European Patent Office (in respect of applicat ions for a European patent 
filed in the English language). 
 
Request for examination report. 
43. (1) A request for an examination report under sect ion 29(2) (c) (i), (d) (i) or (e)(i) or 
(4) shall be made on Patents Form 16. 
 
(2) A request for an examination report under secti on 29(2) (c) (i), (d) (i) or (e) (i) 
shall not be treated as having been made unless the  form required under sub-rule (1) is 
accompanied by – 
(a)  in the case of a request for an examination report  under section 
29(2) (c) (i), a copy of the search report referred to in sec tion 29(2) (c) (i) together with 
each of the documents referred to in that search re port; 
(b)  in the case of a request for an examination report  under section 
29(2) (d) (i), a copy of the international search report in r espect of the corresponding 
international application referred to in section 29 (2) (d) (i) together with a copy of each 
of the documents referred to in that international search report; 
(c)  in the case of a request for an examination report  under section 
29(2) (e) (i), a copy of the international search report in r espect of the application 
referred to in section 29(2) (e) (i) together with a copy of each of the documents 
referred to in that international search report; AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
38 
 (d)  a list of references to the patent family members as corresponding to 
each of the non-English documents cited in the sear ch report referred to in section 
29(2) (c) (i) or the international search report referred to in section 29(2) (d) (i) or (e) (i); 
and 
(e)  where any list of references to the patent family members referred to in 
paragraph (d) , or 
any part of that list, is in a language other than the English language, an English translation of 
that list or part. 
 
(3) Where – 
(a)  an applicant has filed a request for an examinatio n report under section 
29(2) (c) (i), (d) (i) or (e) (i); and 
(b) any document referred to in the search report or in ternational search 
report, as the case may be, is in a language other than the English language, 
the Registrar may require the applicant to furnish,  within such period as the Registrar may 
specify – 
(i) an English translation of the whole or any part  of that 
document; and 
(ii) a copy of a verification document – 
(A) made in accordance with the Registrar’s require ments; 
and 
(B) verifying that the translation corresponds to t he original 
text of that document or part thereof. 
 
(4) Where an applicant fails to comply with the Reg istrar’s requirements under 
sub-rule (3)(i) and (ii) within the period specifie d by the Registrar, the request for an 
examination report shall be treated as having been abandoned. 
 
Reliance on international preliminary report on pat entability. 
44. A notice of intention to rely on an international preliminary report on patentability 
under section 29(2) (e) (ii) shall be filed using Patents Form 15. AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
39 
  
Period prescribed under section 29(2) (b)  to (e)  or (4). 
45. (1) Subject to sub-rules (2) and (3), the period p rescribed for filing a request for a 
search and examination report under section 29(2) (b)  or a request for an examination report 
under section 29(2) (c) (i), (d) (i) or (e) (i) or (4) shall be – 
(a)  subject to paragraph (b) , 21 months from – 
(i) the declared priority date; or 
(ii) where there is no declared priority date, the date of filing of the 
application; or 
(b)  where a new application is filed under section 20(3 ), 26(11) or 48(4), 
21 months from the actual date of filing of the new  application. 
 
(2) Subject to sub-rule (3), where the Registrar se nds the applicant a copy of the 
search report under section 29(3) (b)  at any time later than one month before the expiry  of the 
period prescribed under sub-rule (1) (a)  or (b) , as the case may be, the period prescribed for 
filing a request for an examination report under se ction 29(4) shall be one month from the 
date of the Registrar’s notification under section 29(3) (b) . 
 
(3) Where a request under sections 29(7) and 30(1) (a)  to extend a prescribed 
period under section 29(2) (b) , (c) (i), (d) (i) or (e) (i) or (4) and the corresponding prescribed 
period under section 30(1) (a)  is filed in accordance with rule 50(1), the period  prescribed for 
filing a request for a search and examination repor t under section 29(2) (b)  or a request for an 
examination report under section 29(2) (c) (i), (d) (i) or (e) (i) or (4) shall be the prescribed 
extended period under section 29(7) for performing that act. 
 
(4) Subject to sub-rule (5), the period prescribed for filing the prescribed 
information relating to a corresponding application  under section 29(2) (c) (ii), the prescribed 
information relating to a corresponding internation al application under section 29(2) (d) (ii) or 
a notice in Patents Form 15 under section 29(2) (e) (ii) shall be – 
(a)  subject to paragraph (b) , 42 months from – 
(i) the declared priority date of the application; or 
(ii) where there is no declared priority date, the date of filing of the 
application; or AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
40 
 (b)  where a new application is filed under section 20( 3), 26(11) or 48(4), 
42 months from the actual date of filing of the new  application, or the date on which 
section 30(2) (c)  is complied with and the prescribed fee for the gr ant of a patent is 
paid in accordance with rule 49(3), whichever is th e earlier. 
 
(5) Where a request under sections 29(7) and 30(1) (a)  to extend a prescribed 
period under section 29(2) (c) (ii), (d) (ii) or (e) (ii) and the corresponding prescribed period 
under section 30(1) (a)  is filed in accordance with rule 50(1), the period  prescribed for filing 
the prescribed information relating to a correspond ing application under section 29(2) (c) (ii), 
the prescribed information relating to a correspond ing international application under section 
29(2) (d) (ii) or a notice in Patents Form 15 under section 2 9(2) (e) (ii) shall be – 
(a)  subject to paragraph (b) , 39 months from – 
(i) the declared priority date of the application; or 
(ii) where there is no declared priority date, the date of filing of the 
application; or 
(b)  where a new application is filed under section 20( 3), 26(11) or 48(4), 
39 months from the actual date of filing of the new  application. 
 
Information prescribed under section 29(2) (c) (ii) or (d) (ii). 
46. (1) The information prescribed for the purposes of  section 29(2) (c) (ii) or (d) (ii) 
shall be – 
(a)  that which is sufficient to indicate the result of  the corresponding 
application under section 29(2) (c) (ii) or corresponding international application und er 
section 29(2) (d) (ii), as the case may be, and shall be in the form of – 
(i) a copy of the patent granted by the patent offi ce in question 
which is – 
(A) duly certified by that patent office; or 
(B) otherwise acceptable to the Registrar; or 
(ii) other documents, to the satisfaction of the Re gistrar, setting out 
the final results of the search and examination as to substance 
and a copy of the patent claims referred to in the final results; 
and AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
41 
 (b)  any symbol of the International Patent Classificat ion which has been or 
which in the opinion of the applicant should be all ocated to the application. 
 
(2) The information referred to in sub-rule (1) sha ll be furnished in Patents Form 
14. 
 
Search procedure where 2 or more inventions claimed . 
47. (1) If during the preparation of a report under se ction 29(2) (a)  or (b)  it appears 
that an application relates to 2 or more inventions , but they are not so linked as to form a 
single inventive concept, the search may be restric ted to one in relation to the first invention 
specified in the claims of the application, and the  Registrar shall notify the applicant of that 
fact. 
 
(2) If the applicant desires a search to be conduct ed in relation to a second or 
subsequent invention specified in the claims, he sh all, within 2 months from the date of the 
Registrar’s notification referred to in sub-rule (1 ), request on Patents Form 11 for a 
supplementary search report and pay the prescribed search fee for each invention in respect of 
which the search is to be made. 
 
(3) If a new application for a patent is filed unde r section 26(11) in respect of any 
part of the matter contained in an earlier applicat ion for a patent, the applicant may, in lieu  of 
complying with section 29(2) (a) , notify the Registrar in writing that he intends t o rely on – 
(a)  any search report or supplementary search report e stablished in the 
earlier application; or 
(b)  where the earlier application is an international application for a patent 
(Brunei Darussalam) that has entered the national p hase in Brunei Darussalam under 
section 83(3), any international search report or i nternational supplementary search 
report established during the international phase o f the earlier application. 
 
(4) Rule 43(2), (3) and (4) shall apply to any requ est for an examination report 
that is filed by an applicant who relies on an inte rnational search report or international 
supplementary search report under sub-rule (3). 
 AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
42 
 Written opinion of Examiner etc. 
48. (1) If during an examination under section 29(5) o r (6), the Examiner is of the 
opinion that – 
(a)  the description, claims, or drawings are so unclea r, or the claims are so 
inadequately supported by the description, that no meaningful opinion can be formed 
on – 
(i) the novelty or inventive step of the claimed in vention; or 
(ii) whether the claimed invention is capable of in dustrial 
application; 
(b)  the invention defined in any claim – 
(i) does not appear novel; 
(ii) does not appear to involve an inventive step; or 
(iii) does not appear to be capable of industrial a pplication; 
(c)  the conditions specified in sections 13 and 25(4) and (5) have not been 
complied with; 
(d)  the application discloses – 
(i) any additional matter referred to in section 81 (1); or 
(ii) any matter extending beyond that disclosed in the application 
for the patent as filed; or 
(e)  a claim relates to an invention in respect of whic h no search has been 
completed, and he has decided not to carry out the examination in respect of that 
claim, 
the Examiner shall notify the Registrar in writing of that opinion and shall state fully the 
reasons for his opinion. 
 
(2) The Registrar shall, on receipt of the written opinion, forward the opinion as 
soon as possible to the applicant together with an invitation to the applicant to file a response 
thereto. 
 
(3) The applicant may file a response to the writte n opinion in Patents Form 18 
containing – 
(a)  written submissions on the Examiner’s opinion; or 
(b)  an amendment of the specification of the applicati on, AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
43 
 and where the applicant wishes to make written subm issions and amend the specification of 
the application, he shall do both at the same time.  
 
(4) Subject to sub-rule (5), where an amendment of the specification of the 
application is filed under sub-rule (3), it shall b e in the form of a copy of the specification 
with the amendment indicated in the following manne r – 
(a)  by striking through any text, figure or other matt er to be replaced or 
deleted; and 
(b)  by underlining any replacement text, figure or oth er matter. 
 
(5) Sub-rule (4) shall not apply if the amendment i s filed using the electronic 
online system, and the amendment shall instead comp ly with practice directions issued by the 
Registrar in place of the requirements of that sub- rule. 
 
(6) Any response under sub-rule (3) to a first writ ten opinion in respect of – 
(a)  an examination report under section 29(5); or 
(b)  a search and examination report under section 29(6 ), 
shall be filed within 5 months from the date of the  Registrar’s notification enclosing the 
written opinion. 
 
(7) Where the applicant has filed a response under sub-rule (3) – 
(a)  the Examiner may, in his discretion, issue a furth er written opinion to 
the Registrar stating fully the reasons for the opi nion; 
(b)  sub-rules (2) and (3) shall accordingly apply; and  
(c)  any response under sub-rule (3) to the further wri tten opinion shall be 
filed within 5 months from the date of the Registra r’s notification enclosing the 
further written opinion. 
 
(8) In deciding whether to issue any further writte n opinion, the Examiner may 
also take into consideration whether sufficient tim e remains for the applicant to respond to his 
written opinion and for him to draw up the examinat ion report or the search and examination 
report. 
 AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
44 
 (9) A further opinion or report issued by the Exami ner need not take into account 
any response filed by the applicant after he has co mmenced writing and drawing up his 
opinion or report. 
 
(10) Subject to sub-rules (11) and (12), the Examin er shall send the search and 
examination report or examination report to the Reg istrar before the expiry of – 
(a)  39 months from – 
(i) the declared priority date; or 
(ii) where there is no declared priority date, the date of filing the 
application; or 
(b)  where a new application is filed under section 20( 3), 26(11) or 48(4), 
as the case may be, 39 months from the actual date of filing of the new application. 
 
(11) Where the applicant does not file a response w ithin the period specified in 
sub-rule (6) or (7), the Examiner shall send the se arch and examination report or the 
examination report to the Registrar at the expirati on of that period. 
 
(12) Where the period for filing a request for a se arch and examination report under 
section 29(2) (b)  or a request for an examination report under secti on 29(2) (c) (i), (d) (i) or 
(e) (i) or (4) has been extended under section 29(7), t he Examiner shall send the search and 
examination report or examination report to the Reg istrar before the expiry of – 
(a)  57 months from – 
(i) the declared priority date; or 
(ii) where there is no declared priority date, the date of filing the 
application; or 
(b)  where a new application is filed under section 20( 3), 26(11) or 48(4), 
as the case may be, 57 months from the actual date of filing of the new application. 
 
Putting application in order. 
49. (1) Subject to sub-rule (2), the period prescribed  for the purposes of section 
30(1) (a)  shall be 42 months from – 
(a)  the declared priority date; or AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
45 
 (b)  the date of filing of the application where there is no declared priority 
date. 
 
(2) Where a new application is filed under section 20(3), 26(11) or 48(4), as the 
case may be, the period prescribed in sub-rule (1) shall be 42 months from the actual date of 
filing of the new application. 
 
(3) Payment of the prescribed fee for the grant of a patent must be accompanied 
by Patents Form 19 duly completed and filed by the applicant. 
 
(4) Where the specification of the application for a patent has been amended or 
corrected since the filing of the application – 
(a)  if any such amendment or correction is made before  or at the time of 
compliance with sub-rule (3), the applicant shall f ile a specification incorporating 
every such amendment and correction at the time of compliance with sub-rule (3); and 
(b)  if any such amendment or correction is made after the time of 
compliance with sub-rule (3), 
the applicant shall file a specification incorporat ing every such amendment and correction 
within such period as the Registrar may specify. 
 
(5) The documents prescribed for the purposes of se ction 30(2) (c)  shall be – 
(a)  the completed Patents Form 19 filed under sub-rule  (3); and 
(b)  every specification required to be filed under sub -rule (4). 
 
(6) No amendment or correction (other than an amend ment or correction 
introduced in order to comply with the formal requi rements) may be introduced in the 
specification to be filed under sub-rule (4). 
 
(7) Sub-rules (4) and (6) shall not apply to an int ernational application for a patent 
(Brunei Darussalam) if the only amendment to the sp ecification since the filing of the 
application was an amendment referred to in section  83(5) which has been incorporated in the 
specification of the application before it was publ ished in accordance with the Patent Co-
operation Treaty. AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
46 
  
Extension of prescribed periods under sections 29(7 ) and 30(1) (a) . 
50. (1) A request under sections 29(7) and 30(1) (a)  to extend a prescribed period 
under section 29(2) (b) , (c) (i) or (ii), (d) (i) or (ii) or (e) (i) or (ii) or (4) and the corresponding 
prescribed period under section 30(1) (a)  shall be made on Patents Form 51 within – 
(a)  subject to paragraph (b) , 39 months from – 
(i) the declared priority date; or 
(ii) where there is no declared priority date, the date of filing the 
application; or 
(b)  where a new application is filed under section 20( 3), 26(11) or 48(4), 
as the case may be, 39 months from the actual date of filing of the new application. 
 
(2) The extended period prescribed under section 29 (7) for filing a request for a 
search and examination report under section 29(2) (b)  or a request for an examination report 
under section 29(2) (c) (i), (d) (i) or (e) (i) or (4) shall be – 
(a)  subject to paragraph (b) , 39 months from – 
(i) the declared priority date; or 
(ii) where there is no declared priority date, the date of filing the 
application; or 
(b)  where a new application is filed under section 20( 3), 26(11) or 48(4), as the 
case may be, 39 months from the actual date of fili ng of the new application. 
 
(3) The extended period prescribed under section 29 (7) for filing the prescribed 
information relating to a corresponding application  under section 29(2) (c) (ii), the prescribed 
information relating to a corresponding internation al application under section 29(2) (d) (ii) or 
a notice in Patents Form 15 under section 29(2) (e) (ii) shall be – 
(a)  subject to paragraph (b) , 60 months from – 
(i) the declared priority date of the application; or 
(ii) where there is no declared priority date, the date of filing of the 
application; or 
(b) where a new application is filed under section 20(3 ), 26(11) or 48(4), 
as the case may be, 60 months from the actual date of filing of the new application, AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
47 
 or the date on which section 30(2) (c)  is complied with and the prescribed fee for the gr ant of 
a patent is paid in accordance with rule 49(3), whi chever is the earlier. 
 
(4) For the purposes of section 30(1) (a), the extended prescribed period shall 
be – 
(a)  subject to paragraph (b) , 60 months from – 
(i) the declared priority date; or 
(ii) where there is no declared priority date, the date of filing the 
application; or 
(b)  where a new application is filed under section 20( 3), 26(11) or 48(4), 
as the case may be, 60 months from the actual date of filing of the new application. 
 
Application for amendment before grant. 
51. (1) Subject to rules 48(3) and (4) and 62(1) and ( 3), an application for amendment 
of – 
(a)  the request for the grant of a patent on Patents F orm 1; or 
(b)  the description, claims, drawings and abstract, 
shall be made on Patents Form 17. 
 
(2) The application for amendment of a document ref erred to in sub-rule (1) (a)  or 
(b)  shall be accompanied by a copy of that document wi th the proposed amendment indicated 
therein in the following manner– 
(a)  by striking through any text, figure or other matt er to be replaced or 
deleted; and 
(b)  by underlining any replacement text, figure or oth er matter. 
 
Time for making amendments before grant. 
52. (1) The applicant may, of his own volition, amend the request for the grant of a 
patent at any time before payment of the fee for th e grant of the patent. 
 
(2) The applicant may, unless the Registrar otherwi se requires, of his own 
volition, amend the description, claims, drawings a nd abstract at any time before payment of AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
48 
 the fee for the grant of a patent, except that any such application for amendment shall not be 
made – 
(a)  after filing of the request for a search report re ferred to in section 
29(2) (a)  and before receipt of that report by the applicant ; 
(b)  after filing of the request for a search and exami nation report referred 
to in section 29(2) (b) and before receipt of that report by the applicant;  or  
(c)  after filing of the request for an examination rep ort referred to in 
section 29(2) (c) (i), (d) (i) or (e) (i) or (4) and before receipt of that report by the  
applicant. 
 
Certificate of grant. 
53. A certificate of grant under section 34(1) shall b e in Certificate Form 1. 
 
PATENTS AFTER GRANT 
 
Renewal of patents. 
54. (1) If it is desired to keep a patent in force for  a further year or part thereof after 
the expiration of the fourth or any succeeding year  from the date of filing an application for 
that patent as determined in accordance with sectio n 26 or section 115(5), an application for 
its renewal, in respect of the next succeeding year , accompanied by the prescribed renewal 
fee for that year, shall be filed in the 3 months e nding with the fourth or, as the case may be, 
succeeding anniversary of the date of filing. 
 
(2) Where a patent is granted under section 30 afte r the expiry of the period of 45 
months from the date of filing, the application for  the renewal of the patent may be filed, and 
any renewal fees which have become due (including a ny fees due in respect of preceding 
years) may be paid, at any time up to the end of th e period of 3 months from the date on 
which the patent is granted. 
 
(3) Where the Registrar has extended the term of a patent under section 36 after 
the expiry of the period of 20 years referred to in  section 35(1), an application for the renewal 
of the patent may be filed, and any renewal fees wh ich have become due (including any fees AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
49 
 due in respect of preceding years) may be paid, wit hin 3 months from the date of the 
certificate of extension of patent term issued unde r section 36(11) in respect of the patent. 
 
(4) An application for the renewal of a patent unde r this rule shall be filed – 
(a)  on Patents Form 20; or 
(b)  on Patents Form 58 if an entry has been made in th e register under 
section 55(2) that licences under the patent are to  be available as of right. 
 
(5) Payment of any additional fee for a late applic ation for the renewal of a patent 
referred to in section 35(3) shall be made to the R egistry together with Patents Form 21. 
 
(6) On receipt by the Registrar of – 
(a)  an application for the renewal of a patent that is  filed in accordance 
with the Order and these Rules; and 
(b)  payment for the renewal fee and (if applicable) th e additional fee for 
late application, that is made in accordance with t he Order and these Rules, 
the patent shall be renewed. 
 
(7) Where the period for payment of a renewal fee p ursuant to sub-rule (1) has 
expired, the Registrar shall, not later than one mo nth from the last date for payment under 
that paragraph and if the fee still remains unpaid,  send to the proprietor of the patent a notice 
reminding him that payment is overdue and of the co nsequences of non-payment. 
 
(8) Where a patent to which section 115(4) applies has never been renewed under 
sub-rule (1), the application of section 35(4) in r elation to the patent is modified to the extent 
that the Registrar is not required to send a notice  reminding the proprietor of the patent that 
the payment is overdue. 
 
(9) The Registrar shall send a notice under sub-rul e (7) to – 
(a)  the address in Brunei Darussalam specified by the proprietor on 
payment of the last renewal fee; or 
(b)  where another address in Brunei Darussalam has bee n notified to him 
for that purpose by the proprietor since the last r enewal, that address, AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
50 
 and, in any other case, the address for service ent ered in the register. 
 
(10) Payment of the additional fee referred to in s ection 35(3) shall be made on 
Patents Form 21 and shall be accompanied by the add itional fee prescribed for late payment, 
and shall also be accompanied by Patents Form 20 to gether with the corresponding renewal 
fee. 
 
Extension of term of patent. 
55. (1) For the purposes of section 36(10), an applica tion to extend the term of a 
patent under section 36(1) (a)  or (b)  shall be – 
(a)  made on Patents Form 59 within 6 months from the d ate of the grant of 
the patent; and 
(b)  accompanied by – 
(i) the prescribed fee; and 
(ii) all documentary evidence which the applicant w ishes to rely on 
to support the application. 
 
(2) For the purposes of section 36(10), an applicat ion to extend the term of a 
patent under section 36(1) (c)  shall be – 
(a)  made on Patents Form 59 – 
(i) within 6 months from – 
(A) the date of the grant of the patent; or 
(B) the date marketing approval was obtained, 
whichever is the later; 
(ii) not later than 6 months before the end of the period of 20 years 
referred to in section 35(1); and 
(iii) in any case, while the patent is still in for ce; and 
(b)  accompanied by – 
(i) the prescribed fee; 
(ii) a certificate under section 36(7); and 
(iii) all other documentary evidence which the appl icant wishes to 
rely on to support the application. 
 AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
51 
 (3) Notwithstanding sub-rule (1) (b)  or (2) (b) , the Registrar may direct an 
applicant for an extension of the term of a patent to produce, within such period as the 
Registrar may specify, such additional evidence in support of the application as the Registrar 
may reasonably require. 
 
(4) A certificate of extension of patent term under  section 36(11) shall be in 
Certificate Form 2. 
 
Amendment of specification after grant. 
56. (1) An application to the Registrar for leave to a mend the specification of a patent 
shall be made on Patents Form 22 and shall be adver tised by publication of the application 
and the reasons for the proposed amendment in the j ournal and in such other manner, if any, 
as the Registrar may direct. 
 
(2) Any person wishing to oppose the application to  amend shall, within 2 months 
from the date of the advertisement in the journal, file notice to the Registrar on Patents Form 
23. 
 
(3) Such notice shall be accompanied by a copy ther eof and be supported by a 
statement setting out fully the facts upon which th e opponent relies and the relief which he 
seeks. The Registrar shall send a copy of the notic e and of the statement to the applicant. 
 
(4) Within 2 months from the date of the Registrar’ s letter forwarding such copies 
to him, the applicant shall, if he wishes to contin ue with the application, file a counter-
statement on Patents Form 3 setting out fully the g rounds upon which the opposition is 
resisted; and the Registrar shall send a copy of th e counter-statement to the opponent. 
 
(5) The Registrar may give such directions as he ma y think fit with regard to the 
subsequent procedure. 
 
(6) An application under this rule shall be accompa nied by a copy of the 
specification with the proposed amendment indicated  therein in the following manner – AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
52 
 (a)  by striking through any text, figure or other matt er to be replaced or 
deleted; and 
(b)  by underlining any replacement text, figure or oth er matter. 
 
(7) Where notice of opposition has been filed, the Registrar, in determining 
whether leave to amend should be granted, may cause  the patent as proposed to be amended 
to be examined by an examiner to determine whether the amendment is allowable under 
section 81(3), in which case the application for le ave to amend together with the notice of 
opposition, the accompanying statement and any coun ter-statement, shall be taken into 
consideration by the examiner during his examinatio n. 
 
(8) Where leave to amend a specification is given, the applicant shall, if the 
Registrar so requires, and within a time to be fixe d by him, file a new specification as 
amended, which shall be prepared in accordance with  rules 22, 24 and 26. 
 
(9) No amendment or correction (other than an amend ment or correction 
introduced in order to comply with rule 22, 24 or 2 6) may be introduced in the new 
specification to be filed under sub-rule (8). 
 
(10) Where no notice of opposition is received by t he Registrar under sub-rule (2) 
or where such notice fails to comply with sub-rule (3) and the Registrar is satisfied with the 
reasons for making the proposed amendments, he may give leave to the applicant to amend 
the specification of the patent. 
 
Search and examination after grant. 
57. (1) A request for a search and examination report under section 39(1) shall be 
made on Patents Form 60 and shall be accompanied by  – 
(a)  the prescribed fee; 
(b)  a statement – 
(i) identifying each ground under section 39(1) on which the 
request has been made; and 
(ii) explaining how that ground has been satisfied;  and 
(c)  each observation or document referred to in sectio n 39(3), if any. AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
53 
  
(2) Where the Registrar grants a request under sect ion 39(1), he shall forward to 
the Examiner – 
(a)  the request; 
(b)  the statement referred to in sub-rule (1) (b) ; and 
(c)  any observation or document filed under section 39 (3) and sub-rule 
(1). 
 
(3) If during the preparation of a report under sec tion 39 in respect of any claim or 
claims in the specification of a patent, it appears  that the claim or claims relate to 2 or more 
inventions which are not so linked as to form a sin gle inventive concept – 
(a)  the search and examination may be restricted to th e first invention 
specified in the claim or claims; and 
(b)  the Registrar shall notify – 
(i) the proprietor of the patent; and 
(ii) where the request under section 39(1) was not filed by the 
proprietor, the person who filed the request, 
of that fact. 
 
(4) If – 
(a)  the proprietor of the patent; or 
(b)  where the request under section 39(1) was not file d by the proprietor,  
the person who filed the request, desires a search and examination to be conducted in relation 
to a second or subsequent invention specified in th e claim or claims, he shall, within 2 
months from the date of the Registrar’s notificatio n referred to in sub-rule (3), request on 
Patents Form 60 for a supplementary search and exam ination report and pay the prescribed 
search and examination fee for each invention in re spect of which the search and examination 
is to be made. 
 
(5) If during an examination under section 39, the Examiner is of the opinion 
that – AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
54 
 (a)  the description, claim or claims, or drawings are so unclear, or the 
claim or claims are so inadequately supported by th e description, that no meaningful 
opinion can be formed on – 
(i) the novelty or inventive step of the claimed in vention; or 
(ii) whether the claimed invention is capable of in dustrial 
application; 
(b)  the conditions specified in requirements of sectio ns 13 and 25(4) and 
(5) have not been complied with; or 
(c)  the specification of the patent discloses – 
(i) any additional matter referred to in section 81 (1); or 
(ii) any matter extending beyond that disclosed in the application 
for the patent as filed, 
the Examiner shall notify the Registrar in writing of that opinion and shall state fully the 
reasons for his opinion. 
 
(6) The Registrar shall, on receipt of the written opinion, forward the opinion as 
soon as possible to the proprietor of the patent, t ogether with an invitation to the proprietor to 
file a response to the opinion. 
 
(7) The proprietor of the patent may file a respons e to the written opinion in 
Patents Form 18 containing – 
(a)  written submissions on the Examiner’s opinion; or 
(b)  a proposed amendment of the specification of the p atent, 
and where the proprietor wishes to make written sub missions and propose an amendment of 
the specification of the patent, he shall do both a t the same time. 
 
(8) Subject to sub-rule (9), where a proposed amend ment of the specification of 
the patent is filed under sub-rule (7), it shall be  in the form of a copy of the specification with 
the proposed amendment indicated in the following m anner – 
(a)  by striking through any text, figure or other matt er to be replaced or 
deleted; and 
(b)  by underlining any replacement text, figure or oth er matter. 
 AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
55 
 (9) Any response under sub-rule (7) to a written op inion in respect of a search and 
examination report under section 39 shall be filed within 3 months from the date of the 
Registrar’s notification enclosing the written opin ion. 
 
(10) Where the proprietor of a patent has filed a r esponse under sub-rule (7) – 
(a)  the Registrar shall forward the response to the Ex aminer; and 
(b)  the Examiner shall consider the response and prepa re the search and 
examination report. 
 
(11) Where the proprietor of a patent does not file  a response under sub-rule (7) 
within the period specified in sub-rule (8) – 
(a)  the Registrar shall notify the Examiner accordingl y; and 
(b)  the Examiner shall prepare the search and examinat ion report. 
 
(12) The Examiner shall send the search and examina tion report to the Registrar 
before the expiry of 10 months from the date the Re gistrar forwarded the request under 
section 39(1) to the Examiner. 
 
(13) Upon receiving the search and examination repo rt, the Registrar shall proceed 
in accordance with section 39(9). 
 
Restoration of lapsed patent. 
58. (1) An application under section 40 for the restor ation of a patent – 
(a)  may be made at any time within 30 months from the day on which it 
ceased to have effect; and 
(b)  shall be made on Patents Form 24 together with a s tatutory declaration 
or affidavit setting out the grounds for the applic ation and the evidence in support 
thereof, 
and the Registrar shall publish in the journal noti ce of the making of the application. 
 
(2) Where the application is for the restoration of  a patent to which section 115(4) 
applies, the evidence referred to in sub-rule (1) (b)  shall include – AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
56 
 (a)  that which establishes that the patent remained in  force in the United 
Kingdom, Malaysia and Singapore, as the case may be , at the time the first renewal 
was due if the patent had never been renewed under the Order; and 
(b)  a statutory declaration stating that the patent ha s not been revoked in 
the United Kingdom, Malaysia and Singapore, as the case may be. 
 
(3) If, upon consideration of the grounds and evide nce, the Registrar is not 
satisfied that a case for an order under section 40  has been made out, he shall notify the 
applicant accordingly and, unless within one month from the date of the Registrar’s 
notification the applicant requests to be heard in the matter, the Registrar shall refuse the 
application. 
 
(4) If the applicant requests a hearing within the time allowed, the Registrar shall, 
after giving the applicant an opportunity of being heard, determine whether the application 
shall be allowed or refused. 
 
(5) If the Registrar decides to allow the applicati on, he shall notify the applicant 
accordingly and require him, within 2 months from t he date of the Registrar’s notification to 
him, to file Patents Form 25 accompanied by the pre scribed additional fee, together with 
Patents Form 20, duly completed, and the amount of any unpaid renewal fee, upon receipt of 
which the Registrar shall order the restoration of the patent and publish the fact in the journal. 
 
Modified application of section 40 to patent to whi ch section 115(4) applies. 
59. Where a patent to which section 115(4) applies has  never been renewed under rule 
54(1), the application of section 40(5) in relation  to the patent is modified to the extent that 
the Registrar may, apart from the ground stated in section 40(5), by order restore the patent if 
the Registrar is satisfied that the failure to pay any renewal fee was unintentional and the 
proprietor of the patent has good cause for failing  to renew the patent within the period 
prescribed. AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
57 
  
Surrender of patents. 
60. (1) A notice of an offer under section 41 by a pro prietor of a patent to surrender 
his patent shall be given on Patents Form 26 and sh all be advertised by the Registrar in the 
journal. 
 
(2) At any time within 2 months from the date of th e advertisement, any person 
may give notice of opposition to the surrender to t he Registrar on Patents Form 27. 
 
(3) Such notice of opposition shall be accompanied by a copy thereof and be 
supported by a statement setting out fully the fact s upon which the opponent relies and the 
relief which he seeks. The Registrar shall send a c opy of the notice and of the statement to the 
proprietor of the patent. 
 
(4) Within 2 months from the date of the Registrar’ s letter forwarding the copies 
of the notice and statement, the proprietor of the patent shall, if he wishes to continue with 
the surrender, file a counter-statement on Patents Form 3 setting out fully the grounds upon 
which the opposition is resisted; and the Registrar  shall send a copy of the counter-statement 
to the opponent.  
 
(5) The Registrar may give such directions as he ma y think fit with regard to the 
subsequent procedure. 
 
REGISTER AND OFFICIAL DOCUMENTS 
 
Register of Patents. 
61. (1) There shall be kept at the Registry a Register  of Patents which shall comply 
with these Rules. 
 
(2) No entry shall be made in the register in respe ct of any application for a patent 
before the application has been published in accord ance with section 27. 
 
(3) Upon such publication, the Registrar shall caus e to be entered in the register – AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
58 
 (a)  the name and address of the applicant or applicant s; 
(b)  the name and address of the person or persons stat ed by the applicant 
or applicants to be believed to be the inventor or inventors; 
(c)  the title of the invention; 
(d)  the date of filing and the file number of the appl ication for the patent; 
(e)  the date of filing and the file number of any appl ication declared for 
the purposes of section 17(2) and the country in or  for which the application was 
made; 
(f)  the date on which the application was published; 
(g)  the address for service of the applicant or applic ants; and 
(h)  the symbol or symbols of the International Patent Classification 
allocated to the application. 
 
(4) The Registrar shall also cause to be entered in  the register – 
(a)  the date on which the application is withdrawn, tr eated as having been 
abandoned, treated as having been withdrawn, refuse d or treated as having been 
refused; 
(b)  the date on which the patent is granted; 
(c)  the name and address of the person or persons to w hom the patent is 
granted if different to the entries made in accorda nce with sub-rule (3) (a) ; 
(d)  the address for service, if different to the entry  made in accordance 
with sub-rule (3) (g) ; 
(e)  notice of any transaction, instrument or event ref erred to in section 
44(3); 
(f)  the date of renewal of the patent, if any; 
(g)  the date of any application under section 36 to ex tend the term of the 
patent; 
(h)  the period of the extension of the term of the pat ent under section 36, if 
any; 
(i) the date of any search and examination report issu ed under section 39; 
(j)  the cessation of the patent, if any; 
(k)  the restoration of the patent, if any; 
(l)  particulars of any decision to revoke the patent; and AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
59 
 (m)  particulars of any court order in relation to the patent. 
 
(5) The Registrar may at any time enter in the regi ster such other particulars as he 
may think fit. 
 
Alteration or correction of name, address or addres s for service. 
62. (1) A request by any person, upon the alteration o f his name, for that alteration to 
be entered in the register or on any application or  other document filed at the Registry shall 
be made on Patents Form 28. 
 
(2) Before acting on a request to alter a name, the  Registrar may require such 
proof of the alteration as he thinks fit. 
 
(3) A request by a person for – 
(a)  the alteration of his address or address for servi ce; or 
(b)  the correction of any error in his name, address o r address for service, 
as entered in the register or on any application or  other document filed at the Registry, shall 
be made on Patents Form 28. 
 
(4) If the Registrar is satisfied that any request to alter or correct any name, 
address or address for service may be allowed, he s hall cause the register, application or other 
document to be altered or corrected accordingly. 
 
Application for registration of transaction etc. 
63. (1) An application to register, or to give notice to the Registrar of, any transaction, 
instrument or event to which section 44 applies sha ll be made on Patents Form 29. 
 
(2) Subject to sub-rule (3), an application under s ub-rule (1) in respect of any 
transaction, instrument or event referred to in sec tion 44(3) (a) , (b) , (c)  or (d)  shall, for – 
(a)  each party to the transaction or instrument; or 
(b)  each person – 
(i) giving assent; or AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
60 
 (ii) on whom any patent, application for a patent o r right is to be 
vested, 
under section 44(3) (d) , 
be accompanied by a declaration of authorisation in  Patents Form 46 in respect of that party 
or person. 
 
(3) An application under sub-rule (1) in respect of  any transaction, instrument or 
event referred to in section 44(3) (a) , (b) , (c)  or (d)  need not be accompanied by a declaration 
of authorisation in Patents Form 46 in respect of a  party or person referred to in sub-rule (2) 
if – 
(a)  a declaration of authorisation in Patents Form 46 which was filed 
earlier in respect of that party or person is in su fficiently wide terms to cover that 
transaction, instrument or event; 
(b)  that party or person is the person making the appl ication; or 
(c)  the person making the application complies with su b-rule (4). 
 
(4) If – 
(a)  sub-rule (2) is not complied with and paragraphs (a)  and (b)  of sub-rule 
(3) do not apply; 
(b)  sub-rule (2) does not apply; or 
(c)  the Registrar so directs, 
the person making an application under sub-rule (1)  shall lodge with the Registrar, within 
such period as the Registrar may specify – 
(i) a copy of any document establishing the transac tion, instrument 
or event which is – 
(A) duly certified; or 
(B) otherwise acceptable to the Registrar; or 
(ii) a copy each of such extracts from such documen ts as are 
sufficient to establish the transaction, 
instrument or event which is – 
(A) duly certified; or 
(B) otherwise acceptable to the Registrar. 
 AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
61 
 Request for correction of errors. 
64. (1) Without prejudice to rule 62(3), a request for  the correction of each error in 
the register or in any document filed at the Regist ry in connection with registration shall be 
made on Patents Form 28; and the correction shall b e clearly identified on a document filed 
together with the form or, if not, on the form itse lf. 
 
(2) Where a request is sought to correct the same e rror in both the register and any 
document filed at the Registry in connection with t he registration, the request may be made 
on a single form. 
 
(3) The Registrar may call for such written explana tion of the reasons for the 
request or evidence in support of it as he may requ ire in order to satisfy himself that there is 
an error and, upon being so satisfied, shall make s uch correction as may be agreed between 
the proprietor of the patent or applicant and the R egistrar. 
 
(4) This rule is without prejudice to the power of the Registrar to correct any entry 
in the register which is attributable wholly or in part to an error, default or omission on the 
part of the Registry. 
 
Inspection of register etc. 
65. Any person may, upon payment of the prescribed fee  referred to in the First 
Schedule – 
(a)  inspect the register; or 
(b)  search and retrieve – 
(i) published patents specifications in respect of a patent or application for 
a patent; 
(ii) an entry in the register; or 
(iii) information as to the renewal of a patent. 
 
Advertisement of matters contained in register. 
66. The Registrar may arrange for the publication and advertisement of such things done 
under the Order or these Rules in relation to the r egister as he may think fit. 
 AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
62 
 Entries in respect of right to a patent. 
67. On the reference to the Registrar of a question un der section 20(1) or 48(1), he shall, 
subject to rule 61(2), cause an entry to be made in  the register of the fact and of such other 
information relating to the reference as he may thi nk fit. 
 
Certificates and copies supplied by Registrar. 
68. (1) Upon request made on Patents Form 31 and payme nt of the prescribed fee, but 
subject to sub-rule (3), the Registrar shall supply  – 
(a)  a certified copy or certified extract falling with in section 46; 
(b)  a copy of an entry in or an extract from the regis ter or a copy of or an 
extract from anything referred to in section 46, ce rtified by the impression of a rubber 
stamp; and 
(c)  a certificate for the purposes of section 46. 
 
(2) Upon request made on Patents Form 30 and paymen t of the prescribed fee, but 
subject to sub-rule (3), the Registrar shall supply  an uncertified copy of an entry in or an 
uncertified extract from the register or an uncerti fied copy of or an uncertified extract from 
anything referred to in section 46. 
 
(3) The restrictions on making documents available for inspection contained in 
rule 99(4) shall apply equally to the supply by the  Registrar under this rule of copies of or 
extracts from such documents or requests as are ref erred to in rule 99(4); and nothing in this 
rule shall be construed as imposing upon the Regist rar the duty of supplying copies of or 
extracts from any document or file of a description  referred to in rule 99(5). 
 
Orders or directions by court. 
69. (1) Where any order or direction has been made or given by the court – 
(a)  transferring a patent or application or any right in or under it to any 
person; 
(b)  that an application should proceed in the name of any person; 
(c)  allowing the proprietor of a patent to amend the s pecification; or 
(d)  revoking a patent, 
the person in whose favour the order is made or the  direction is given – AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
63 
 (i) shall file Patents Form 32 accompanied by a cop y of the order 
or direction; and 
(ii) if the Registrar so requires and before a time  limit fixed by him, 
shall file a specification as 
amended which shall be (prepared in accordance with  rules 22, 24 and 26). 
 
(2) Upon a filing under sub-rule (1), the specifica tion shall be amended or the 
register rectified or altered, as the case may requ ire. 
 
ENTITLEMENT TO PATENT 
 
Reference to Registrar of right to patent. 
70. (1) A reference under section 48(1) shall be made on Patents Form 2 and shall be 
accompanied by a copy thereof and a statement setti ng out fully the nature of the question, 
the facts upon which the person making the referenc e relies and the order which he is 
seeking. 
 
(2) The Registrar shall send a copy of the referenc e and statement to every person 
who is not a party to the reference being – 
(a)  a person who is shown on the register as having an y right in or under 
the patent; 
(b)  a person who has given notice to the Registrar of a relevant 
transaction, instrument or event; or 
(c)  a person who is alleged in the reference to be ent itled to a right in or 
under the patent. 
 
(3) If any person who is sent a copy of the referen ce and statement under sub-rule 
(2) wishes to oppose the making of the order sought  (“the opponent”), he shall, within 2 
months from the date of the Registrar’s letter forw arding such copies to him, file a counter-
statement on Patents Form 3 setting out fully the g rounds of his opposition and the Registrar 
shall send a copy of the counter-statement to the p erson making the reference and to those 
recipients of the copy of the reference and stateme nt who are not party to the counter-
statement. AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
64 
  
(4) The person making the reference or any such rec ipient may, within 2 months 
from the date of the Registrar’s letter forwarding the copy of the counter-statement, file 
evidence in support of his case and shall send a co py of the evidence – 
(a)  in any case, to the opponent; and 
(b)  in the case of evidence filed by such a recipient,  to the person making 
the reference. 
 
(5) Within 2 months from the date of receipt of the  copy of such evidence or, if no 
such evidence is filed, within 2 months from the ex piration of the time within which the copy 
of such evidence could have been filed, the opponen t may file evidence in support of his case 
and shall send a copy of that evidence to the perso n making the reference and to those 
recipients; and, within 2 months from the date of r eceipt of the copy of the opponent’s 
evidence, that person or any of those recipients ma y file further evidence confined to matters 
strictly in reply and shall send a copy of it to th e persons mentioned in sub-rule (4) (a)  and (b) . 
 
(6) No further evidence shall be filed by any party  except by leave or direction of 
the Registrar. 
 
(7) The Registrar may give such directions as he ma y think fit with regard to the 
subsequent procedure. 
 
Application for authorisation to carry out directio ns. 
71. (1) An application under section 48(3) for authori ty to do anything on behalf of a 
person to whom directions have been given under sec tion 48(2) (d)  shall be made on Patents 
Form 4 and shall be accompanied by a copy thereof a nd a statement setting out fully the facts 
upon which the applicant relies and the nature of t he authorisation sought. 
 
(2) The Registrar shall send a copy of the applicat ion and statement to the person 
alleged to have failed to comply with the direction s. 
 
(3) The Registrar may give such directions as he ma y think fit with regard to the 
subsequent procedure. AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
65 
  
Time limits for making new application. 
72. Where the Registrar orders that a new application may be made under section 48(4), it 
shall be made within 3 months from the day on which  the time for appealing from that order 
expires without an appeal being brought or, where a n appeal is brought, from the day on 
which it is finally disposed of. 
 
Request for licence to continue working new patent.  
73. (1) Where an order is made under section 48 that a  patent shall be transferred to 
one or more persons none of whom was an old proprie tor of it or that a person other than an 
old proprietor may make a new application for a pat ent, a request under section 49(3) for the 
grant of a licence to continue working or, as the c ase may be, to work the invention shall be 
made within 2 months from the date of notification by the Registrar of the making of the 
order. 
 
(2) Where such an order is made, the Registrar shal l notify the old proprietor or 
proprietors, and their licensees of whom he is awar e, of the making of the order. 
 
Reference as to entitlement to grant of licence. 
74. (1) Where a question is referred to the Registrar under section 49(5) as to whether 
any person is entitled to be granted a licence or w hether the period or terms of a licence are 
reasonable, the reference shall be made on Patents Form 6 and shall be accompanied by a 
copy thereof and a statement setting out fully the facts upon which the person making the 
reference relies and the terms of the licence which  he is prepared to accept or grant. 
 
(2) The Registrar shall send a copy of the referenc e and statement to the new 
proprietor or proprietors and every person claiming  to be entitled to be granted a licence, in 
either case not being the person who makes the refe rence, and if any recipient does not agree 
to grant or accept a licence for such period and up on such terms, he shall, within 2 months 
from the date of the Registrar’s letter forwarding such copies to him, file a counter-statement 
on Patents Form 3 setting out fully the grounds of his objection and the Registrar shall send a 
copy of the counter-statement to the person making the reference. 
 AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
66 
 (3) The Registrar may give such directions as he ma y think fit with regard to the 
subsequent procedure. 
 
LICENCES OF RIGHT 
 
Entry in register of licence of right. 
75. (1) An application under section 55(1) shall be ma de on Patents Form 33. 
 
(2) Every entry made in the register consequent upo n such an application shall be 
published in the journal and in such other manner ( if any) as the Registrar thinks necessary. 
 
Settlement of terms of licence of right. 
76. (1) An application under section 55(3) (a)  or (b)  shall be made on Patents Form 34 
together with – 
(a)  in the case of an application by the proprietor of  the patent, one copy 
of a draft of the licence he proposes and of a stat ement of the facts he relies on; and 
(b)  in the case of an application by any other person,  one copy of a draft of 
the licence he seeks. 
 
(2) The Registrar shall – 
(a)  in the case of an application by the proprietor, s end a copy of Patents 
Form 34 and a copy of the documents filed under sub -rule (1) (a)  to the person to 
whom the proprietor proposes to grant the licence; and 
(b)  in the case of an application by any other person,  send a copy of 
Patents Form 34 and a copy of the documents filed u nder sub-rule (1) (b)  to the 
proprietor. 
 
(3) Within 2 months from the date when the document s are sent to him under sub-
rule (2) – 
(a)  in the case of an application by the proprietor, t he person referred to in 
sub-rule (2) (a)  may file a counter-statement on Patents Form 3 set ting out fully the 
grounds of his objection; and AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
67 
 (b)  in the case of an application by any other person,  the proprietor may 
file a statement setting out fully the grounds of h is objection, 
and, if he does so, he shall at the same time send a copy of the statement or counter-
statement, as the case may be, to the other party. 
 
(4) Within 2 months from the date when a statement under sub-rule (3) (b)  is sent 
to him, the person therein referred to may file a c ounter-statement on Patents Form 3; and, if 
he does so, he shall at the same time send a copy o f the counter-statement to the proprietor. 
 
(5) No further statement or counter-statement shall  be served by either party 
without the leave or direction of the Registrar. 
 
(6) The Registrar may give such directions as he ma y think fit with regard to the 
subsequent procedure. 
 
Cancellation of entry in register as to licence of right by proprietor. 
77. An application under section 56(1) shall be made o n Patents Form 35. 
 
Cancellation of entry in register as to licence of right by third party. 
78. (1) An application under section 56(3) shall be ma de on Patents Form 35 within 2 
months from the date of publication in the journal of the relevant entry and shall be 
accompanied by a copy of the application supported by a statement setting out fully the 
nature of the claimant’s interest and the facts upo n which he relies. 
 
(2) The Registrar shall send a copy of the applicat ion and statement to the 
proprietor of the patent. 
 
Procedure as to cancellation of entry in register a s to licence of right. 
79. (1) Every application under section 56(1) or (3) s hall be advertised in the journal 
and the period within which notice of opposition to  the cancellation of an entry may be given 
under section 56(7) shall be 2 months from the date  of the advertisement. 
 AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
68 
 (2) Such notice of opposition shall be given on Pat ents Form 36 and shall be 
accompanied by a supporting statement setting out f ully the facts upon which the opponent 
relies. 
 
(3) The Registrar shall send a copy of the notice a nd statement to the applicant for 
cancellation of the entry who, if he desires to pro ceed with the application, shall, within 2 
months from the date of the Registrar’s letter forw arding such copies to him, file a counter-
statement on Patents Form 3 setting out fully the g rounds on which the opposition is 
contested and the Registrar shall send a copy of th e counter-statement to the opponent. 
 
(4) The Registrar may give such directions as he ma y think fit with regard to the 
subsequent procedure. 
 
Action by Registrar on cancellation in register as to licence of right. 
80. (1) Where the Registrar has received an applicatio n from the proprietor of a patent 
to cancel an entry in the register under section 56 (1), the Registrar shall notify the proprietor 
of the patent who shall, within 2 months from the d ate of the Registrar’s notification to him, 
pay fees equal to the amount of the balance of all renewal fees which would have been 
payable if the entry had not been made. 
 
(2) Upon receipt of the fees under sub-rule (1), th e Registrar may proceed to 
cancel the entry if he is satisfied that there is n o existing licence under the patent or that all 
licensees under the patent consent to the applicati on. 
 
(3) Where the Registrar cancels an entry in the reg ister in respect of a patent under 
section 56(3), the Registrar shall notify the propr ietor of the patent who shall, within 2 
months from the date of the Registrar’s notificatio n to him, pay fees equal to the amount of 
the balance of all renewal fees which would have be en payable if the entry had not been 
made. 
 
(4) Patents Form 20 shall be filed with the Registr y when fees are paid to the 
Registry under this rule. 
 AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
69 
 INFRINGEMENT OF PATENTS 
 
Particulars prescribed under section 64(4). 
81. A written notice to an importer under section 64(4 ) shall contain the following 
particulars– 
(a)  a statement that the notice is issued in accordanc e with section 64(4); 
(b)  the patent number (or P-No.) of the patent relied on, as stated in the certificate 
of grant; 
(c)  the date of filing of the application pursuant to which that patent was granted; 
(d)  the date on which that patent was granted; 
(e)  the name and address of each proprietor of that pa tent; 
(f)  the address for service of the proprietor or propr ietors, as the case may be; 
(g)  the name and address of the person referred to in section 64(3) (b) (ii); 
(h)  a detailed statement explaining how the import of the patented product by the 
importer would result in the product being distribu ted in breach of the contract referred to 
in section 64(3) (b) ; 
(i)  the text of all clauses in the contract referred t o in section 64(3) (b)  which are 
relied on or referred to in the statement under par agraph (h) . 
 
INFRINGEMENT PROCEEDINGS BEFORE REGISTRAR 
 
Reference to Registrar for determination of infring ement. 
82. (1) Where a reference is made to the Registrar und er section 65(3), the parties 
thereto shall make it on Patents Form 37, accompani ed by a joint statement giving full 
particulars of the matters which are in dispute and  of those on which they are in agreement. 
 
(2) The procedure set out in this rule shall apply unless the only matter stated in 
the reference to be in dispute is the validity of a ny patent or part of a patent. 
 
(3) The party to the dispute who is the proprietor of the patent or an exclusive 
licensee of the patent (such party being referred t o in this rule and rule 83 as the plaintiff) 
shall, if he desires to proceed with the reference,  within 14 days from making the reference, AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
70 
 file a statement giving full particulars of his cas e on the matters in dispute and shall at the 
same time send a copy of the statement to the other  party to the dispute. 
 
(4) Within 2 months from the date of receipt by the  other party to the dispute of 
the copy of the plaintiff’s statement, the other pa rty (referred to in this rule and rule 83 as the 
defendant) shall, if he wishes to contest the plain tiff’s case, file a counter-statement on 
Patents Form 3 setting out fully the grounds on whi ch he contests the plaintiff’s case and 
shall at the same time send a copy of the counter-s tatement to the plaintiff. 
 
(5) If the defendant alleges in his counter-stateme nt that the patent or any part of it 
alleged by the plaintiff to have been infringed is not valid, the plaintiff shall, if he wishes to 
contest the defendant’s allegation, within 2 months  from the date of receipt of the counter-
statement, file a further statement setting out ful ly the grounds on which he contests the 
defendant’s allegation and shall at the same time s end a copy of the further statement to the 
defendant. 
 
(6) Subject to such directions as the Registrar may  give, the plaintiff may, within 
2 months from the date of receipt of the counter-st atement, or, if he has filed a further 
statement under sub-rule (5), within 2 months there of, file evidence in support of his case and 
shall send a copy thereof to the defendant. 
 
(7) Within 2 months from the date of receipt of the  copy of the plaintiff’s 
evidence or, if the plaintiff does not file any evi dence, within 2 months from the expiration of 
the time within which such evidence could have been  filed, the defendant may file evidence 
in support of his case and shall send a copy of tha t evidence to the plaintiff; and, within 2 
months from the date of receipt of the copy of the defendant’s evidence, the plaintiff may file 
further evidence confined to matters strictly in re ply and shall send a copy of it to the 
defendant. 
 
(8) No further evidence shall be filed by either pa rty except by leave or direction 
of the Registrar. 
 AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
71 
 (9) The Registrar may give such directions as he ma y think fit with regard to the 
subsequent procedure. 
 
Procedure where validity of patent is in dispute. 
83. (1) Where the only matter stated in the reference made under section 65(3) to be 
in dispute is the validity of any patent or part of  a patent, the procedure set out in this rule 
shall apply. 
 
(2) The defendant shall, if he wishes to contest th e plaintiff’s case, within 14 days 
from making the reference, file a statement giving full particulars of the grounds on which he 
alleges that the patent or part of the patent is in valid and shall at the same time send a copy of 
the statement to the plaintiff. 
 
(3) The plaintiff shall, if he wishes to contest th e defendant’s allegation, within 2 
months from the date of receipt of the defendant’s statement, file a counter-statement on 
Patents Form 3 giving full particulars of the groun ds on which he contests the defendant’s 
allegations, and shall at the same time send a copy  of it to the defendant. 
 
(4) Subject to such directions as the Registrar may  think fit to give, the defendant 
may, within 2 months from the date of receipt of th e plaintiff’s counter-statement, file 
evidence in support of his case, and shall send a c opy of it to the plaintiff. 
 
(5) Within 2 months from the date of receipt of the  copy of the defendant’s 
evidence or, if the defendant does not file any evi dence, within 2 months from the expiration 
of the time within which such evidence could have b een filed, the plaintiff may file evidence 
in support of his case and shall send a copy of tha t evidence to the defendant; and, within 2 
months from the date of receipt of the copy of the plaintiff’s evidence, the defendant may file 
further evidence confined to matters strictly in re ply and shall send a copy of it to the 
plaintiff. 
 
(6) No further evidence shall be filed by either pa rty except by leave or direction 
of the Registrar. 
 AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
72 
 (7) The Registrar may give such directions as he ma y think fit with regard to the 
subsequent procedure. 
 
Application for declaration as to non-infringement.  
84. (1) An application to the Registrar under section 76 for a declaration that an act 
does not, or a proposed act would not, constitute a n infringement of a patent shall be made on 
Patents Form 38 and shall be accompanied by a copy thereof and a statement setting out fully 
the facts upon which the applicant relies as showin g that section 76(1) (a)  and (b)  have been 
complied with and the relief which he seeks. 
 
(2) The Registrar shall send a copy of the statemen t to the proprietor of the patent 
who shall, if he wishes to contest the application,  within 2 months from the date of the 
Registrar’s letter forwarding such copy to him, fil e a counter-statement on Patents Form 3 
setting out fully the grounds on which he contests the applicant’s case and shall at the same 
time send a copy thereof to the applicant. 
 
(3) Subject to such directions as the Registrar may  think fit to give, the applicant 
may, within 2 months from the date of receipt of th e copy of the counter-statement, file 
evidence in support of his application and shall se nd a copy thereof to the proprietor of the 
patent. 
 
(4) Within 2 months from the date of receipt of the  copy of the applicant’s 
evidence or, if the applicant does not file any evi dence, within 2 months from the expiration 
of the time within which such evidence could have b een filed, the proprietor of the patent 
may file evidence in support of his case and shall send a copy of that evidence to the 
applicant; and, within 2 months from the date of re ceipt of the copy of the proprietor’s 
evidence, the applicant may file further evidence c onfined to matters strictly in reply and 
shall send a copy of it to the proprietor. 
 
(5) No further evidence shall be filed by either pa rty except by leave or direction 
of the Registrar. 
 AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
73 
 (6) The Registrar may give such directions as he ma y think fit with regard to the 
subsequent procedure. 
 
REVOCATION OF PATENTS 
 
Procedure on application for revocation. 
85. (1) An application to the Registrar for the revoca tion of a patent shall be made on 
Patents Form 40 and shall be accompanied by a state ment setting out fully the grounds of 
revocation, including the facts upon which the appl icant relies and the relief which he seeks. 
 
(2) The Registrar shall send a copy of the applicat ion and the statement to the 
proprietor of the patent. 
 
(3) Within 3 months from the date of receipt of the  copies of the application and 
statement, the proprietor of the patent, if he wish es to contest the application, shall file a 
counter-statement on Patents Form 3 setting out ful ly the grounds upon which the application 
is contested and he may, at the same time file an a mendment of the specification of the patent 
in accordance with section 80, and shall at the sam e time send a copy of the amendment (if 
any) and the counter-statement to the applicant. 
 
(4) If the proprietor of the patent fails to file t he counter-statement in accordance 
with sub-rule (3), he shall not be allowed to take part in the subsequent proceedings, and the 
application for revocation shall be considered by t he Registrar as if each specific fact set out 
in the statement were conceded, except in so far as  it is contradicted by other document in the 
possession of the Registrar. 
 
(5) The applicant may, within 3 months from the dat e of receipt of the copy of the 
amendment (if any) and the counter-statement, file evidence as he may desire to adduce in 
support of his case and shall at the same time send  a copy of that evidence to the proprietor. 
 
(6) If the applicant files no evidence in accordanc e with sub-rule (5), he shall, 
unless the Registrar otherwise directs, be deemed t o have abandoned his application. 
 AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
74 
 (7) If the applicant files evidence in accordance w ith sub-rule (5), then, within 3 
months from the date of receipt of the copy of the applicant’s evidence, the proprietor of the 
patent may file evidence as he desires to adduce in  support of his case and shall at the same 
time send a copy of that evidence to the applicant.  
 
(8) Within 3 months from the date of receipt by the  applicant of the copy of the 
proprietor’s evidence, the applicant may file furth er evidence confined to matters strictly in 
reply and shall at the same time send a copy of tha t evidence to the proprietor. 
 
(9) No further evidence shall be filed by either pa rty, but in any proceedings 
before the Registrar, he may at any time, if he thi nks fit, give leave to either party to file any 
evidence upon such terms as to costs or otherwise a s he may think fit. 
 
(10) The Registrar may give such directions as he m ay think fit with regard to the 
subsequent procedure. 
 
Material information prescribed under section 77(1) (f) (iii). 
86. The material information for the purposes of sect ion 77(1) (f) (iii) shall be – 
(a)  any prescribed information relating to a correspon ding application referred to 
in section 29(2) (c) (ii); or 
(b)  any prescribed information relating to a correspon ding international 
application referred to in section 29(2) (d) (ii); and 
(c)  where the prescribed information referred to in pa ragraph (a)  or (b)  includes 
any document that is not in the English language, t he English translation of such document 
that was filed. 
 
Procedure relating to preparation of re-examination  report. 
87. (1) If the Registrar decides to cause the patent t o be re-examined – 
(a)  the Registrar shall direct the applicant for revoc ation of the patent to 
file Patents Form 41 requesting re-examination of t he patent, together with the 
prescribed re-examination fee and any security for the costs or expenses of the 
proceedings specified by the Registrar, within 2 mo nths from the date of the direction, AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
75 
 and if the applicant fails to do so within that per iod he shall be deemed to have 
abandoned his application; and 
(b)  the Examiner shall during re-examination take into  consideration the 
statement by the applicant, any amendment of the sp ecification of the patent, the 
counter-statement by the proprietor of the patent a nd any evidence filed under rule 85 
and shall recommend whether or not the patent shoul d be revoked on any of the 
grounds specified in the application for revocation , 
and shall notify the Registrar of the conclusions i n the re-examination report stating fully the 
reasons for such conclusions. 
 
(2) If amendments have been proposed under section 80(1) by the proprietor of 
the patent, the Examiner shall in the re-examinatio n report include an opinion as to whether 
the amendment proposed – 
(a)  is allowable under section 81(3); and 
(b)  would overcome, in whole or in part, any of the gr ounds of revocation 
specified in the application for revocation. 
 
Copies and conclusions of re-examination report. 
88. The Registrar shall send a copy of the re-examinat ion report to both the applicant for 
revocation of the patent and the proprietor of the patent, and he shall take into consideration 
the conclusions of the re-examination report in mak ing his determination on the patent or the 
patent as amended. 
 
Award of costs on surrender of patent. 
89. If, in proceedings before the Registrar under sect ion 77, the proprietor of a patent 
offers to surrender his patent under section 41, th e Registrar shall, in deciding whether costs 
should be awarded to the applicant for revocation, consider whether proceedings might have 
been avoided if the applicant had given reasonable notice to the proprietor before the 
application was filed. 
 
Notification of an opportunity to amend. 
90. (1) Where it appears to the Registrar in accordanc e with section 78 that the patent 
ought to be revoked, the proprietor of the patent s hall be so notified and afforded an AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
76 
 opportunity, within 3 months from the date of such notification, to make observations and to 
amend the specification of the patent. 
 
(2) Where the Registrar allows under section 80 the  proprietor of the patent to 
amend the specification of the patent, he may, befo re the specification is amended, require 
the applicant to file a new specification, as amend ed, prepared in accordance with rules 22, 
24 and 26. 
 
AMENDMENT OF PATENTS IN INFRINGEMENT OR REVOCATION 
PROCEEDINGS 
 
Procedure as to opposition to amendment. 
91. (1) Where in proceedings before the Registrar a pr oposed amendment under 
section 80 is advertised, notice of opposition to s uch an amendment may, within 2 months 
from the date of advertisement in the journal, be f iled on Patents Form 23. 
 
(2) Such notice of opposition shall be accompanied by a copy thereof and be 
supported by a statement setting out fully the fact s upon which the opponent relies and the 
relief which he seeks. 
 
(3) The Registrar shall send a copy of the notice o f opposition and statement to 
the proprietor of the patent and any other party to  the proceedings before the Registrar. 
 
(4) The Registrar may give such directions as he ma y think fit with regard to the 
subsequent procedure. 
 
NATIONAL PROCESSING OF INTERNATIONAL APPLICATIONS 
 
Treatment of international applications. 
92. (1) Subject to this rule, in relation to an intern ational application for a patent 
(Brunei Darussalam) which is, under section 82, to be treated as an application for a patent 
under the Order, the prescribed period for the purp oses of section 83(3) and (5) shall be – AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
77 
 (a)  in a case where Brunei Darussalam has been elected  in accordance 
with Chapter II of the Patent Co-operation Treaty, 30 months from the relevant date; 
or 
(b)  in any other case, 20 months from the relevant dat e. 
 
(2) Payment of the prescribed fee shall be made wit hin the period prescribed in 
sub-rule (1) (a)  or (b) , as the case may be, and if the applicant so wishe s, together with the 
filing of Patents Form 42. 
 
(3) Where an international application for a patent  (Brunei Darussalam) has begun 
the national phase, a request may be made under sec tion 17(4) within one month from the 
date the national phase of the application begins. 
 
(4) In the case of an international application for  a patent (Brunei Darussalam) – 
(a)  rule 8(1) shall not apply if the applicant, on fil ing the application, 
states in writing to the receiving Office that the invention has been displayed at an 
international exhibition; 
(b)  rule 8(2), (3) and (4) may be complied with at any  time before the end 
of 2 months from the time limit for entering the na tional phase; 
(c)  where an English translation of a document or part  of a document is 
required by the Order or these Rules to be filed be fore or at the time limit for entering 
the national phase, verification of the translation , as required under rule 118 and 
permitted by rule 51 bis 1 (d)  of the Rules under Patent Co-operation Treaty, may  be 
given to the Registrar at any time before the end o f 2 months from that time limit. 
 
(5) For the purposes of section 83(3) and (5), wher e an English translation of the 
application or any amendment of the application is required, the translation – 
(a)  shall exclude the request and abstract unless – 
(i) the applicant expressly requests the Registrar to proceed earlier 
than the expiry of the period prescribed in sub-rul e (1); and 
(ii) the application has not been published in acco rdance with the 
Patent Co-operation Treaty; AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
78 
 (b)  shall include any textual matter in the drawings i n a form which 
complies with rule 49.5 (d)  of the Rules under the Patent Co-operation Treaty;  
(c)  where a title has been established by the Internat ional Searching 
Authority under rule 37.2 of the Rules under the Pa tent Co-operation Treaty which 
differs from the title included in the application as originally filed, shall include the 
former title in place of the latter; and 
(d)  may exclude any textual matter contained in a sequ ence listing forming 
part of the description if such textual matter comp lies with rule 12.1 (d)  of the Rules 
under the Patent Co-operation Treaty and the descri ption complies with rule 5.2 (b)  of 
those Rules. 
 
(6) Where an applicant is required to file a transl ation into the English language 
both of an application as originally filed and of t he amendment to it, in accordance with sub-
rule (5), in order to satisfy the relevant conditio ns of section 83(3) and (5) and at the expiry of 
the applicable period referred to in sub-rule (1), the prescribed fee has been paid and one but 
not both of the necessary translations has been fil ed – 
(a)  the Registrar shall give notice to the applicant a t the address furnished 
by the applicant in accordance with rule 35 requiri ng the applicant to file the required 
translation within 2 months from the date on which the notice is sent; and 
(b)  the applicable period shall be treated in respect of that translation as 
not expiring until the end of the period specified in the notice given under 
paragraph (a) . 
 
(7) The Registrar shall publish any translation sup plied in accordance with section 
83(3) or (5) following the filing of Patents Form 4 3 accompanied by the payment of the 
prescribed fee. 
 
(8) In the case of an international application for  a patent (Brunei Darussalam) in 
respect of which the conditions specified in sectio n 83(3) (a)  are satisfied, the period 
prescribed for the purposes of section 24(2) shall be 2 months from the time limit for entering 
the national phase. 
 AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
79 
 (9) In the case of an international application for  a patent (Brunei Darussalam) in 
respect of which the conditions specified in sectio n 83(3) (b)  are satisfied, the period 
prescribed for the purposes of section 24(2) shall be the later of the following periods to 
expire – 
(a)  the period prescribed by rule 21(1); 
(b)  2 months from the date on which those conditions a re satisfied. 
 
(10) Where, in relation to an international applica tion for a patent (Brunei 
Darussalam), the applicant desires that section 82( 1) shall not cease to apply to the 
application by virtue of the operation of section 8 2(3), application shall be made to the 
Registrar on Patents Form 44, accompanied by a stat ement of the facts upon which the 
applicant relies. 
 
(11) An international application for a patent (Bru nei Darussalam) shall not be 
treated as withdrawn under the Order if it, or the designation of Brunei Darussalam in it, is 
deemed to be withdrawn under the Patent Co-operatio n Treaty where, in the same or 
comparable circumstances in relation to an applicat ion under the Order (other than an 
international application for a patent) – 
(a)  the Registrar could have directed that an irregula rity be rectified under 
rule 105 or that an extension be granted under rule  114; and 
(b)  the Registrar determines that the application woul d not have been 
treated as withdrawn under the Order. 
 
(12) Where under section 82(3) an application is no t to be treated as withdrawn and 
the applicant wishes to proceed – 
(a)  the Registrar may amend any document received by t he Registry from 
the receiving Office or the International Bureau an d alter any period or time which is 
specified in the Order or these Rules upon such ter ms (including payment of any 
appropriate prescribed fee) as he may direct; and 
(b)  the fee prescribed under section 83(3) shall not b e payable. 
 
(13) Where the applicant satisfies the Registrar th at – AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
80 
 (a)  because of an error made by the receiving Office, an international 
application for a patent (Brunei Darussalam) has be en accorded a date of filing which 
is incorrect; or 
(b)  the priority claim made under Article 8(1) of the Patent Co-operation 
Treaty has been considered not to have been made by  the receiving Office or the 
International Bureau because of an error made by th e Office or the Bureau, 
the Registrar may amend any document received by th e Registry from the receiving Office or 
the International Bureau or alter any period or tim e which is specified in the Order or these 
Rules as if the error were an error on the part of the Registry. 
 
(14) Where – 
(a)  an international application for a patent (Brunei Darussalam) purports 
to designate Brunei Darussalam; and 
(b)  the applicant alleges that he has been refused a f iling date under the 
said Patent Co-operation Treaty on account of an er ror or omission in any institution 
having functions under the said Patent Co-operation  Treaty, 
the applicant may apply to the Registrar for it to be treated as an application under the Order 
by filing Patents Form 44, accompanied by a stateme nt of the facts upon which he relies; and 
the Registrar may amend any document filed by the a pplicant and alter any period or time 
which is specified in the Order or these Rules upon  such terms as he may direct. 
 
(15) In this rule, “receiving Office” has the same meaning as in the Patent Co-
operation Treaty. 
 
(16) In this rule, in relation to an international application for a patent 
(Brunei Darussalam) – 
 
“relevant date” means the declared priority date or , where there is no declared 
priority date, the date of filing of that applicati on; 
 
“time limit for entering the national phase” means the end of the relevant 
period prescribed by sub-rule (1) or, in a case whe re that period has been AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
81 
 extended under sub-rule (6), rule 105 or 114, the e nd of that period as so 
extended. 
 
HEARINGS, AGENTS AND CORRECTION OF ERRORS 
 
Registrar’s discretionary powers. 
93. Before exercising any discretionary power vested i n him by or under the Order 
adversely to any party to a proceeding before him, the Registrar shall, if so required, hear 
such person thereon. 
 
Request for hearing. 
94. (1) A request for the exercise of the discretionar y powers of the Registrar under 
rule 83 shall be made on Patents Form 45 and shall be filed within one month from the date 
of notification by the Registrar of any objection t o an application or the date of any other 
indication that he proposes to exercise a discretio nary power, and the Registrar may refuse to 
hear any party who has not filed the request within  the time allowed. 
 
(2) Upon receipt of a request under sub-rule (1), t he Registrar shall send to the 
person making the request a notice of a time when h e may be heard which shall be not less 
than 14 days from the date of the notice. 
 
(3) In inter partes  proceedings, any party who intends to refer at the  hearing to 
any document not already mentioned in the proceedin gs shall, unless the Registrar consents 
and the other party agrees, give at least 14 days’ notice of his intention with details of, or a 
copy of, the document to the Registrar and the othe r party. 
 
(4) After hearing the party or parties desiring to be heard or, if no party so desires, 
without a hearing, the Registrar shall decide the m atter and shall notify all parties of his 
decision and, if any party so desires, shall give h is reasons for the decision. 
 
Hearings in public. 
95. (1) Subject to sub-rule (2), where a hearing befor e the Registrar of any dispute 
between 2 or more parties relating to any matter in  connection with a patent or an application AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
82 
 for a patent takes place after the publication of t he application under section 27, the hearing 
of the dispute shall be in public. 
 
(2) After consulting those parties to the dispute w ho appear in person or are 
represented at a hearing to which sub-rule (1) appl ies, the Registrar may direct that the 
hearing not be held in public. 
 
Right of audience. 
96. (1) Unless the Registrar directs otherwise in any particular case – 
(a)  all attendances upon the Registrar by a party to a ny proceedings before 
the Registrar or any other matter under the Order o r these Rules may be made by or 
through – 
(i) an advocate and solicitor; or 
(ii) any other person, 
appointed by the party to act on his behalf; and 
(b)  every notice, application or other document filed under the Order by 
the party may be signed by the advocate and solicit or or the person so appointed. 
 
(2) Where any party to any proceedings before the R egistrar or any other matter 
under the Order or these Rules appoints an advocate  and solicitor or any other person – 
(a)  to act on his behalf; or 
(b)  to act on his behalf in substitution for another, 
the advocate and solicitor or person shall file a d eclaration of authorisation in Patents Form 
46 on the first occasion when he acts on behalf of the party. 
 
Correction of errors in patents and applications. 
97. (1) Except where rule 9(3) or 62(3) applies, a req uest for the correction of an error 
of translation or transcription or of a clerical er ror or mistake in any specification of a patent, 
in an application for a patent or in any document f iled in connection with a patent or such an 
application shall be made on Patents Form 28. 
 
(2) The request shall be accompanied by a copy of t he document with the 
proposed correction indicated in the following mann er – AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
83 
 (a)  by striking through any text, figure or other matt er to be replaced or 
deleted; and 
(b)  by underlining any replacement text, figure or oth er matter. 
 
(3) Where such a request relates to a specification , no correction shall be made 
therein unless the correction is obvious in the sen se that it is immediately evident that nothing 
else would have been intended than what is offered as the correction. 
 
(4) Where the Registrar requires notice of the prop osed correction to be 
advertised, he shall inform the applicant in writin g accordingly and request him, within 2 
months from the date of his letter, to file Patents  Form 47; and upon receipt of the form the 
Registrar shall proceed with the advertisement. 
 
(5) The advertisement under sub-rule (4) shall be m ade by publication of the 
request and nature of the proposed correction in th e journal and in such other manner as the 
Registrar may direct. 
 
(6) Any person may, at any time within 2 months fro m the date of the 
advertisement, give notice to the Registrar of oppo sition to the request on Patents Form 48. 
 
(7) Such notice of opposition shall be accompanied by a supporting statement 
setting out fully the facts on which the opponent r elies and the relief which he seeks. 
 
(8) The Registrar shall send a copy of the notice a nd the statement to the person 
making the request who, if he desires to proceed wi th the request, shall, within 2 months from 
the date of the Registrar’s letter forwarding such copies to him, file a counter-statement on 
Patents Form 3 setting out fully the grounds on whi ch he contests the opposition and the 
Registrar shall send a copy of the counter-statemen t to the opponent. 
 
(9) The Registrar may give such directions as he ma y think fit with regard to the 
subsequent procedure. 
 AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
84 
 (10) Where the Registrar grants the request for cor rection, the person making the 
request shall, if the Registrar so requires, and wi thin the time specified by the Registrar, file a 
new specification as amended, which shall be prepar ed in accordance with rules 22, 24 and 
26. 
 
(11) No amendment or correction (other than an amen dment or correction 
introduced in order to comply with the formal requi rements) may be introduced in the new 
specification to be filed under sub-rule (10). 
 
INFORMATION AND INSPECTION 
 
Information about patents and patent applications. 
98. (1) A request under section 105 for information re lating to any patent or 
application for a patent may be made as to – 
(a)  the date that the reports or information, as the c ase may be, referred to 
in section 30(2) were received by the Registrar; 
(b)  when the specification of a patent or application for a patent was 
published; 
(c)  when an application for a patent was withdrawn, wa s treated as having 
been withdrawn, was treated as having been abandone d, was refused or was treated as 
having been refused; 
(d)  whether a renewal fee was not paid within the peri od prescribed for the 
purposes of section 35(2); 
(e)  whether a renewal fee was paid within the 6 months  referred to in 
section 35(3); 
(f)  when a patent has ceased to have effect and/or an application for 
restoration of a patent was filed; 
(g)  when an entry was made in the register or an appli cation was made for 
the making of such entry; 
(h)  when any application or request was made or action  taken involving an 
entry in the register or advertisement in the journ al, if the nature of the application, 
request or action is specified in the request; AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
85 
 (i)  when any document may be inspected in accordance w ith rule 99 or 
100; and 
(j)  such other particulars referred to in any patent o r application for a 
patent as the Registrar may in any particular case allow. 
 
(2) As regards information relating to any patent i n force by virtue of section 
115(4), a request may also be made as to when – 
(a)  a certificate of registration was issued; 
(b)  the patent was first renewed under this Order; and  
(c)  an entry was made in the Register of Patents under  the repealed 
Inventions Act (Chapter 72). 
 
(3) Any such request shall be made on Patents Form 49 and a separate form shall 
be used in respect of each item of information requ ired. 
 
Inspection of documents. 
99. (1) Subject to sub-rule (5), and to the restrictio ns prescribed in sub-rule (4), after 
the date of publication of an application for a pat ent in accordance with section 27, the 
Registrar shall, upon request made on Patents Form 30 and upon payment of the prescribed 
fee, permit all documents filed or kept at the Regi stry in relation to the application or any 
patent granted in pursuance of it, to be inspected at the Registry. 
 
(2) Subject to the same restrictions and rule 102 w here the circumstances 
specified in section 105(4) or (5) exist, the Regis trar shall, upon request made on Patents 
Form 30, and upon payment of the prescribed fee, pe rmit inspection of such documents 
before the publication in accordance with section 2 7. 
 
(3) Where a declaration has been made in accordance  with section 17(2), 
inspection of any application referred to therein a nd of any translation thereof shall be 
permitted upon request under sub-rule (1) or (2) wi thout payment of any fee. 
 
(4) The restrictions referred to in sub-rule (1) ar e – AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
86 
 (a)  that no document shall be open to inspection until  14 days after it has 
been filed at the Registry; 
(b)  that documents prepared in the Registry solely for  use therein shall not 
be open to inspection; 
(c)  that any document sent to the Registry, at its req uest or otherwise, for 
inspection and subsequent return to the sender, sha ll not be open to inspection; 
(d)  that no request made under rule 65, 68(2), 98 or t his rule shall be open 
to inspection; and 
(e)  that documents in respect of which the Registrar i ssues directions 
under rule 100 that they are to be treated as confi dential shall not be open to 
inspection, except as permitted in accordance with that rule. 
 
(5) Nothing in this rule shall be construed as impo sing on the Registrar any duty 
of making available for public inspection any docum ent or any part of a document – 
(a)  which in his opinion disparages any person in a wa y likely to damage 
him; or 
(b)  the publication or exploitation of which would in his opinion be 
generally expected to encourage offensive, immoral or anti-social behaviour. 
 
(6) No appeal shall lie from a decision of the Regi strar under sub-rule (5) not to 
make a document or part of a document available for  public inspection. 
 
Confidential documents. 
100. (1) Where a document other than a Patents Form is filed at, or sent to, the 
Registry, and the person filing or sending it or an y party to the proceedings to which the 
document relates so requests, giving his reasons, w ithin 14 days from the filing or sending of 
the document, the Registrar may direct that it be t reated as confidential, and the document 
shall not be open to public inspection while the ma tter is being determined by the Registrar. 
 
(2) Where such a direction has been given and not w ithdrawn, nothing in this rule 
shall be taken to authorise or require any person t o be allowed to inspect the document to 
which the direction relates except by leave of the Registrar. 
 AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
87 
 (3) The Registrar shall not withdraw any direction given under this rule nor shall 
he give leave for any person to inspect any documen t to which a direction which has not been 
withdrawn relates without prior consultation with t he person at whose request the direction 
was given, unless the Registrar is satisfied that s uch prior consultation is not reasonably 
practicable. 
 
(4) Where such a direction is given or withdrawn, a  record of the fact shall be 
filed with the document to which it relates. 
 
(5) Where the period referred to in sub-rule (1) is  extended under rule 114, the 
relevant document shall not be, or, if the period i s extended upon expiry, the relevant 
document shall cease to be open to public inspectio n until the expiry of the extended period, 
and, if a request for a direction is made, the docu ment shall not be open to public inspection 
while the matter is being determined by the Registr ar. 
 
Publication of bibliographic information. 
101 . The following bibliographic information is prescr ibed for the purposes of section 
105(3) (a)  – 
(a)  the number of the application; 
(b)  the date of filing of the application and, where a  declaration has been made 
under section 17(2), the filing date, country and f ile number, when available, of each 
application referred to in that declaration; 
(c)  the name of the applicant or applicants including any applicant or applicants 
resulting from an order under section 20; 
(d)  an alteration of the name of the applicant or appl icants under rule 62; 
(e)  the title of the invention; and 
(f)  if the application has been withdrawn, has been tr eated as having been 
withdrawn, has been treated as having been abandone d, has been refused or has been 
treated as having been refused, that fact. 
 AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
88 
  
Request for information on unpublished patent appli cations. 
102. (1) Where the circumstances specified in section 1 05(4) exist, a request under 
section 105(1) shall be accompanied by a statutory declaration verifying their existence and 
such documentary evidence (if any) supporting the r equest as the Registrar may require. 
 
(2) The Registrar shall send a copy of the request,  the declaration and the 
evidence (if any) to the applicant for the patent a nd shall not comply with the request until the 
expiry of 14 days thereafter. 
 
GENERAL 
 
Service of documents. 
103. (1) Any notice, application or other document auth orised or required by the Order 
or these Rules to be filed at or sent to or from th e Registry may be sent through the post, and 
the service and filing shall be deemed to be effect ed by properly addressing, prepaying and 
posting a letter containing the document, and unles s the contrary is proved, shall be deemed 
to have been effected at the time at which the lett er would be delivered in the ordinary course 
of post. 
 
(2) Any notice, application, request or other docum ent authorised or required by 
the Order or these Rules to be filed at or sent to or from the Registry may be filed or sent by 
means of facsimile transmission in accordance with the procedure set out in practice 
directions issued by the Registrar. 
 
(3) A document containing an indication that a pate nt is sought in pursuance of an 
application, and any document or correspondence rel ating thereto and not requiring the 
payment of any prescribed fee, may be transmitted b y facsimile subject to the following 
provisions – 
(a)  where the sender has attempted to transmit a docum ent by facsimile, 
but part or all of the document received by the Reg istry is illegible or part of the 
document is not received by the Registry, the docum ent shall be treated as not having 
been submitted; and AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
89 
 (b)  the burden of proving legibility and completeness of transmission lies 
with the sender. 
 
Hours of business and excluded days. 
104. (1) Subject to sub-rules (4) and (6), any business  done under the Order or these 
Rules – 
(a)  on any day after the hours of business of the Regi stry for that class of 
business; or 
(b)  on any day which is an excluded day for that class  of business, 
shall be taken to have been done on the next follow ing day which is not an excluded day for 
that class of business. 
 
(2) Where the time for doing any business under the  Order or these Rules expires 
on an excluded day for the doing of that class of b usiness, that time shall be extended to the 
next following day which is not an excluded day for  the doing of that class of business. 
 
(3) For the avoidance of doubt, where the time for the submission or filing of any 
document pertaining to an application for a patent by means of the Patents Deposit Box 
expires on an excluded day for the submission or fi ling of that document in that manner, that 
time shall be extended to the next following day wh ich is not an excluded day for the 
submission or filing of that document in that manne r, notwithstanding the availability of the 
Patents Deposit Box for the submission or filing of  that document. 
 
(4) Where a document is submitted or filed by means  of the Patents Deposit Box 
at any time before midnight on any day which is not  an excluded day for the business of 
submitting or filing that document, that document s hall be treated as submitted or filed at that 
time and on that day. 
 
(5) For the purposes of sub-rule (4), a document sh all be treated as submitted or 
filed if all sheets comprising the complete documen t have been deposited in the Patents 
Deposit Box. 
 
(6) Subject to rule 103(3), where a document referr ed to in rule 103(3) – AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
90 
 (a)  is transmitted to the Registrar or Registry by mea ns of facsimile 
transmission; and 
(b)  is received – 
(i) by any facsimile machine designated by the Regi stry for the 
receipt of such transmissions; and 
(ii) at any time before midnight on any day which i s not an 
excluded day for the business of sending to or fili ng with the 
Registry of that document by means of facsimile tra nsmission, 
that document shall be treated as sent to or filed with, and received by, the Registry at that 
time and on that day. 
 
(7) For the purposes of sub-rule (6) – 
(a)  a document shall be treated as sent to or filed wi th, and received by, 
the Registry if sheets comprising the complete docu ment are received by the facsimile 
machine referred to in that paragraph; and 
(b)  the date and time of receipt of the document, as r ecorded by the 
facsimile machine referred to in that sub-rule, sha ll, until the contrary is proved, be 
treated as the date and time when the document was sent to or filed with, and received 
by, the Registry. 
 
(8) In the Order and these Rules, “excluded day”, i n relation to any specific class 
of business, means any day on which the Registry sh all be taken to be closed for the purposes 
of the transaction by the public of that class of b usiness. 
 
(9) In this rule, “Patents Deposit Box” means the b ox with openings for placing 
documents that is installed at the premises of the Registry and designated as such. 
 
Correction of irregularities. 
105. (1) Subject to sub-rule (2), any document filed in  any proceedings before the 
Registrar may, if he thinks fit, be amended, and an y irregularity in procedure in or before the 
Registry may be rectified, on such terms as he may direct. 
 
(2) In the case of an irregularity or prospective i rregularity – AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
91 
 (a)  which consists of a failure to comply with any lim itation as to times or 
periods prescribed in these Rules which has occurre d or appears to the Registrar is 
likely to occur in the absence of a direction under  this rule; 
(b)  which is attributable wholly or in part to an erro r, default or omission 
on the part of the Registry; and 
(c)  which it appears to the Registrar should be rectif ied, 
the Registrar may direct that the time or period in  question shall be altered but not otherwise. 
 
(3) Sub-rule (2) is without prejudice to the Regist rar’s power to extend any time 
or period under rule 114 or 116. 
 
Dispensation by Registrar. 
106. Where, under these Rules, any person is required t o do any act or thing, or any 
document or evidence is required to be produced or filed, and it is shown to the satisfaction of 
the Registrar that from any reasonable cause that p erson is unable to do that act or thing, or 
that document or evidence cannot be produced or fil ed, the Registrar may, upon the 
production of such evidence and subject to such ter ms as he thinks fit, dispense with the 
doing of any such act or thing, or the production o r filing of such document or evidence. 
 
Filing of evidence. 
107. (1) Where under these Rules evidence may be filed,  it shall be by statutory 
declaration or affidavit. 
 
(2) The original statutory declaration or affidavit  shall be filed, unless the 
Registrar directs in any particular case that a cop y thereof may be filed. 
 
(3) Unless the Registrar directs otherwise, he – 
(a)  may, if he thinks fit in any particular case, in lieu  of or in addition to 
such evidence – 
(i) take oral evidence; or 
(ii) accept any written statement or documentary ev idence; and 
(b)  shall allow any witness to be cross-examined on an y evidence given by 
the witness. AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
92 
  
Statutory declarations and affidavits . 
108. Any statutory declaration or affidavit, the origin al or a copy of which is to be filed 
under the Order or these Rules, shall be made and s ubscribed as follows – 
(a)  in Brunei Darussalam, before any justice of the pe ace, or any commissioner or 
other officer authorised by any written law to admi nister an oath for the purpose of any 
legal proceedings; 
(b)  in any part of the Commonwealth except Brunei Daru ssalam, before any 
judge, justice of the peace, or any officer authori sed by any written law to administer an 
oath for the purpose of any legal proceedings; and 
(c)  elsewhere, before a Brunei Darussalam consul or vi ce-consul, or other person 
performing the functions of a Brunei Darussalam vic e-consul, or before a notary public, 
judge or magistrate, or any officer authorised by a ny written law to administer an oath for 
the purpose of any legal proceedings. 
 
Admission of documents. 
109. Any document purporting to have affixed, impressed  or subscribed thereto or thereon 
the seal or signature of any person authorised by r ule 108 to take a declaration, in testimony 
that the declaration was made and subscribed before  him, may be admitted by the Registrar 
without proof of the genuineness of the seal or sig nature or of the official character of the 
person or his authority to take the declaration. 
 
Directions as to furnishing of documents. 
110. At any stage of – 
(a)  any proceedings before the Registrar; or 
(b)  any other matter under the Order or these Rules, 
the Registrar may direct that such documents, infor mation or evidence as he may require 
shall be furnished within such period as he may fix . 
 
Filing of miscellaneous documents. 
111. Where – AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
93 
 (a)  it is provided or directed that a specific numbere d form is to be accompanied 
by a document when that form is filed at or submitt ed to the Registry, and that form is filed 
or submitted without that document; 
(b)  any person wishes to file at or submit to the Regi stry any document (other than 
any letter to the Registrar or the Registry), and t here is no provision or direction for that 
document to be filed or submitted using any specifi c numbered form; or 
(c)  the Registrar has directed that a document be file d at or submitted to the 
Registry using Patents Form 99, that document shall  be filed or submitted using Patents 
Form 99. 
 
Supporting statements or evidence. 
112. (1) Where, by virtue of any of the rules mentioned  in sub-rule (2), any notice or 
application is required to be supported by a statem ent or evidence, such a statement or 
evidence shall be filed on, or within 14 days after , the date on which the notice is given or the 
application is made. 
 
(2) The rules referred to in sub-rule (1) are rules  56(3), 58(1), 60(3), 78(1), 79(2), 
91(2) and 97(7). 
 
Appointment of scientific advisers by Registrar. 
113. (1) The Registrar may at any time and on his own m otion nominate a scientific 
adviser or scientific advisers from a panel of advi sers to assist him in any proceeding under 
the Order or these Rules, either – 
(a)  by sitting with the Registrar at the hearing of th e proceedings; or 
(b)  by inquiring and reporting on any question of fact  or opinion not 
involving a question of law or construction, 
as the Registrar may direct. 
 
(2) Upon the nomination of a scientific adviser und er sub-rule (1), the Registrar 
shall notify all parties to the proceedings of his nominated adviser. 
 
(3) The question to be submitted to the nominated a dviser and the instructions to 
be given to him shall, failing agreement between th e parties, be settled by the Registrar. AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
94 
  
(4) The remuneration of the nominated adviser for a ssisting in proceedings under 
the Order or these Rules, including his allowance a nd expenses, shall be as determined by the 
Registrar in accordance with the provisions of the Fifth Schedule. 
 
(5) Without prejudice to any other order of the Reg istrar in providing for payment 
of a nominated adviser’s remuneration, the party sh all be liable, or where there are more than 
one party to the proceedings be jointly and several ly liable, to pay the amount determined by 
the Registrar as the nominated adviser’s remunerati on. 
 
(6) The payment of the remuneration of the nominate d adviser by the party, or 
where more than one party to the proceedings are li able for such remuneration by the parties, 
shall be through such mode and in such manner as th e Registrar may direct. 
 
(7) Where the proceedings under the Order or these Rules are initiated by a party 
who neither resides nor carries on business in Brun ei Darussalam, the Registrar may require 
the party to give security for the remuneration of the nominated adviser, and in default of 
such security being given, may treat the proceeding s as being abandoned. 
 
Alteration of time limits. 
114. (1) The times or periods prescribed by these Rules  for doing any act or taking any 
proceedings or specified by the Registrar thereunde r, other than the times or periods 
prescribed in the provisions mentioned in sub-rules  (3) and (4), may, on written request by a 
party, be extended by the Registrar if he thinks fi t, upon such notice to the parties and upon 
such terms as he may direct. 
 
(2) Any extension may be granted under sub-rule (1)  notwithstanding that the 
time or period for doing such act or taking such pr oceedings has expired. 
 
(3) The provisions referred to in sub-rule (1) are – 
(a)  rules 8(1), 9(1), (2) and (3), 10(1) and (2) (a) , 22(2), 29(5), 30(1) and 
(5) (a) , 32 (a) , (b) , (c)  and (d) , 37(2), 48(6) and (7) (c) , 50(1), 52, 54(1) and (3), 55(1) AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
95 
 and (2), 56(2), 57(4) and (8), 58(1), 60(2), 78(1),  79(1), 80, 91(1), 92(3), 97(4) and (6) 
and paragraph 4(2) of the Fourth Schedule; 
(b)  rule 29(3) (except so far as it relates to the fil ing of the documents 
prescribed under rule 29(4) (a)  and (b) ); 
(c)  rule 30(4) (except so far as it relates to the fur nishing of the 
information prescribed under rule 30(6) (b)  and the filing of the documents prescribed 
under rule 30(7)); and 
(d)  rule 37(5) (except so far as it relates to the fur nishing of the 
information prescribed under rule 37(7) (b)  and the filing of the documents prescribed 
under rule 37(8)). 
 
(4) A time or period prescribed in – 
(a)  rule 10(5), 11(1) or (4), 12(1), 21(1), 22(11), 29 (2), 32 (e) , (f)  or (g) , 40, 
45, 47(1) or (2), 58(5), 98(1), (6), (8) or (9), 11 8(4) or (5) (b)  or paragraph 1(3) of the 
Fourth Schedule; 
(b)  rule 29(3) (so far as it relates to the filing of the documents prescribed 
under rule 29(4) (a)  and (b) ); 
(c)  rule 30(4) (so far as it relates to the furnishing  of the information 
prescribed under rule 30(6) (b)  and the filing of the documents prescribed under r ule 
30(7)); or 
(d)  rule 37(5) (so far as it relates to the furnishing  of the information 
prescribed under rule 37(7) (b)  and the filing of the documents prescribed under r ule 
37(8)), 
shall, if not previously extended, be extended for a period not exceeding 3 months upon filing 
Patents Form 50 before the end of the period for wh ich extension is sought. 
 
(5) Where in any proceedings more than one such tim e or period referred to in 
sub-rule (4) expires on the same day (but not other wise), those times or periods may be 
extended upon the filing of a single Patents Form 5 0. 
 
(6) Notwithstanding sub-rule (4) but subject to sub -rule (7) – 
(a)  a time or period prescribed in the rules referred to in sub-rule (4) may, 
upon request made on Patents Form 52, be extended o r further extended if the AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
96 
 Registrar thinks fit, whether or not the time or pe riod (including any extension 
obtained under sub-rule (4)) has expired; and 
(b)  the Registrar may allow an extension, or further e xtension, under this 
sub-rule – 
(i) on such terms as he may direct; and 
(ii) subject to the furnishing of a statutory decla ration or affidavit 
setting out the grounds for the request. 
 
(7) Where the period under rule 92(1) has expired a nd a request to extend the 
period is made under sub-rule (6) within 42 months from – 
(a)  the declared priority date; or 
(b)  where there is no declared priority date, the date  of filing of the 
application for a patent, the Registrar shall allow  an extension for a period not 
exceeding 12 months if he is satisfied, after consi dering the statutory declaration or 
affidavit setting out the grounds for the request, that the delay giving rise to the 
request was unintentional. 
 
(8) A single request may be made under sub-rule (6)  for the extension of more 
than one time or period in the same proceedings if the extensions are to be made to a common 
date (but not otherwise). 
 
(9) If, on consideration of a request under sub-rul e (6), the Registrar decides that 
the extension requested (or, in a case falling with in sub-rule (8), any or all of the extensions 
requested) may be granted, he shall notify the appl icant accordingly and invite him, within 2 
months from the date the notification is sent to hi m, to file Patents Form 53, upon receipt of 
which the Registrar shall effect the extension or e xtensions in accordance with the decision. 
 
(10) Where the period within which any party to a d ispute may file evidence under 
these Rules is to begin after the expiry of any per iod in which any other party may file 
evidence under these Rules and that other party not ifies the Registrar that he does not wish to 
file any, or any further, evidence, the Registrar m ay direct that the period within which the 
first-mentioned party may file evidence shall begin  on such date as may be specified in the 
direction and shall notify all parties to the dispu te of that date. AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
97 
  
Protection and compensation of persons affected by extension of time. 
115. (1) Where the Registrar has granted an extension o f time of more than 3 months 
under rule 105(2), 114(1) or 114(6) for any act in relation to an application for a patent that 
had been published under section 27, or in proceedi ngs under the Order or these Rules which 
has not been so done within the time required, he s hall publish in the journal a notification of 
his decision. 
 
(2) Where the Registrar has granted an extension of  time for more than 3 months 
or has refused an application for extension of time  for more than 3 months under rule 105(2), 
114(1) or 114(6) for any act in relation to an appl ication for a patent that had been published 
under section 27, or in proceedings under the Order  or these Rules, and where the court 
reviews the decision of the Registrar under section  87 or 88 and decides to vary the decision 
under review or set aside the decision under review  and make a decision in substitution for 
the decision so set aside, the Registrar shall caus e to be published in the journal a notification 
of the decision of the court. 
 
(3) Where a notification referred to in sub-rule (1 ) or (2) has been published, a 
person who availed himself, or took definite steps by way of contract or otherwise to avail 
himself, of the invention and the subject of the ap plication for the patent concerned by reason 
of the act or step in relation to which the extensi on was granted not having been done or 
taken within the time allowed shall have the right to continue to avail himself of the invention 
but this right does not extend to granting a licenc e to another person in respect of the 
invention. 
 
(4) If the person entitled to the right conferred b y sub-rule (3) availed himself, or 
took the steps to avail himself, of the invention i n the course of business, that person may – 
(a)  authorise any partners of his for the time being i n that business to avail 
themselves of the invention; and 
(b)  assign that right, or transmit it on death (or in the case of a body 
corporate, on its dissolution), to any person who a cquires that part of the business. 
 AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
98 
 (5) Where a product is disposed of to another in ex ercise of the rights conferred 
by sub-rule (3) or (4), that other person and any p erson claiming through him may deal with 
the product in the same way as if it has been dispo sed by the registered proprietor of the 
patent. 
 
Calculation of times or periods. 
116. (1) Where, on any day, there is – 
(a)  a general interruption or subsequent dislocation i n the postal services 
of Brunei Darussalam; or 
(b)  an event or circumstances causing an interruption in the normal 
operation of the Registry, 
the Registrar may certify the day as being one on w hich there is an interruption and, where 
any period of time specified in the Order or these Rules for the giving, making or filing of 
any notice, application or other document expires o n a day so certified the period shall be 
extended to the first following day (not being an e xcluded day) which is not so certified. 
 
(2) Any certificate of the Registrar given pursuant  to this rule shall be posted on 
the notice board in the Registry. 
 
(3) Where, in or in connection with an application for a patent (“the application in 
suit”), it is desired to make a declaration specify ing for the purposes of section 17(2) an 
earlier relevant application and the period of 12 m onths immediately following the date of 
filing the earlier relevant application ends on a d ay which is an excluded day for the purposes 
of section 108, then if the declaration is made on the first following day on which the 
Registry is open for the transaction of such busine ss, such period shall be altered so as to 
include both the day of filing of the earlier relev ant application and the day on which the 
declaration is made in or in connection with the ap plication in suit. 
 
(4) Where it is desired to make such a declaration and the period of 12 months 
referred to in sub-rule (3) from the date of filing  the earlier relevant application ends on a day 
certified under sub-rule (1) as being one on which there is an interruption, and if the 
declaration is made on the first day after the end of the interruption, the period shall be AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
99 
 altered so as to include both the day of filing of the earlier relevant application and the day on 
which the declaration is made in or in connection w ith the application in suit. 
 
(5) Where an application for a patent is filed on t he day immediately following a 
day which is certified under sub-rule (1) as being one on which there is an interruption or 
which is an excluded day for the purposes of sectio n 108, the period of 12 months specified 
in section 14(4) shall be computed from the day aft er the next preceding day which is neither 
so certified nor so excluded. 
 
(6) If in any particular case the Registrar is sati sfied that the failure to give, make 
or file any notice, application or other document w ithin – 
(a)  any period of time specified in the Order or these  Rules for such 
giving, making or filing; 
(b)  the period of 12 months following a disclosure of matter constituting 
an invention falling within paragraph (a) , (b) , (c)  or (d)  of section 14(4); or 
(c)  the period of 12 months referred to in paragraph ( 3), 
was wholly or mainly attributable to a failure or u ndue delay in the postal services in Brunei 
Darussalam, the Registrar may, if he thinks fit – 
(i) extend the period of time for the giving, makin g or filing so 
that it ends on the day of the receipt by the addre ssee of the 
notice, application or other document (or, if the d ay of such 
receipt is an excluded day, on the first following day which is 
not an excluded day); 
(ii) determine that the period of 12 months referre d to in sub-
paragraph (b)  shall be altered so that it begins on the day of t he 
disclosure and ends on the day of receipt by the Re gistry of the 
application for the patent (or, if the day of such receipt is an 
excluded day, on the first following day which is n ot an 
excluded day); or 
(iii) determine that the period of 12 months referr ed to in sub-rule 
(3) shall be altered so as to include both the day of filing of the 
earlier relevant application and the day on which t he 
declaration specifying that application is received  by the AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
100 
 Registry (or, if the day of such receipt is an excl uded day, the 
first following day which is not an excluded day), 
as the case may be, in each case upon such notice t o other parties and upon such terms as he 
may direct. 
 
Copies of documents. 
117. (1) Where a document, other than a published Brune i Darussalam specification or 
application, is referred to in any reference, notic e, statement, counter-statement or evidence 
required by the Order or these Rules to be filed at  the Registry or sent to the Registrar, one 
copy of that document shall be furnished to the Reg istry within the period that the reference, 
notice, statement, counter-statement or evidence ma y be filed or sent. 
 
(2) Where a copy of any evidence is required by the  Order or these Rules to be 
sent direct to any person, a copy of any document r eferred to in that document shall also be 
sent direct to that person. 
 
Translations. 
118. (1) Except as expressly provided in the Order or t hese Rules, this rule shall apply 
where, in pursuance of the Order or these Rules, th ere is filed at the Registry or sent to the 
Registrar – 
(a)  any document or part of a document which is in a l anguage other than 
the English language; or 
(b)  an English translation of any document or part of a document. 
 
(2) Subject to sub-rule (3), where any document or part of a document filed at the 
Registry or sent to the Registrar is in a language other than the English language, an English 
translation of the document or part shall be filed or sent together with the document or part. 
 
(3) Where the document or part has been or will be translated into the English 
language under the Patent Co-operation Treaty, the Registrar may permit the English 
translation to be filed or sent after the document or part has been filed at the Registry or sent 
to the Registrar. 
 AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
101 
 (4) Where any English translation of a document or part of a document is filed at 
the Registry or sent to the Registrar under sub-rul e (2) – 
(a)  the Registrar may refuse to accept the translation  if it is in his opinion 
inaccurate; and 
(b)  if he does so – 
(i) he shall notify the person who filed or sent th e translation of his 
refusal to accept the translation; and 
(ii) another English translation of the document or  part shall be 
filed or sent within 2 months from the date of the Registrar’s 
notification. 
 
(5) Where any English translation of a document or part of a document is filed at 
the Registry or sent to the Registrar under sub-rul e (2) – 
(a)  there shall be filed or sent together with the tra nslation a copy of a 
verification document – 
(i) made in accordance with the Registrar’s require ments; and 
(ii) verifying that the translation corresponds to the original text of 
the document or part; and 
(b)  the Registrar may, by notice, require to be filed at the Registry or sent 
to the Registrar, within 2 months from the date of the notice, the original of the 
verification document. 
 
(6) Where any document or part of a document filed at the Registry or sent to the 
Registrar is in a language other than English, the Registrar may treat the document or part as 
not having been filed or sent unless – 
(a)  there is sent or filed together with the document or part – 
(i) an English translation of the document or part;  and 
(ii) a copy of a verification document under sub-ru le (5) (a)  made in 
respect of the translation; and 
(b)  if the Registrar has issued a notice under sub-rul e (5) (b) , the original of 
the verification document is filed at the Registry or sent to the Registrar within 2 
months from the date of the notice. 
 AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
102 
 (7) sub-rules (4), (5) and (6) (a) (ii) and (b)  shall not apply to any document or part 
of a document translated into English under the Pat ent Co-operation Treaty. 
 
Publication and sale of documents. 
119. The Registrar may arrange for the publication and sale of copies of specifications and 
other documents in the Registry and of indexes to, and abridgements or abstracts of, such 
documents. 
 
Journal. 
120. (1) The Registrar shall publish a journal containi ng particulars of applications for 
and grant of patents and other proceedings under th e Order and any other information that he 
may deem to be generally useful or important. 
 
(2) The journal shall be entitled “The Patents Jour nal”. 
 
(3) Unless the Registrar otherwise directs, the jou rnal shall be published monthly. 
 
Reports of cases. 
121. The Registrar may from time to time publish report s of – 
(a)  cases relating to patents decided by him; and 
(b)  cases relating to patents (whether under the Order  or otherwise) decided by 
any court or body (whether in Brunei Darussalam or elsewhere), being cases which he 
considers to be generally useful or important. 
 
INTERNATIONAL APPLICATIONS 
 
Filing of international applications. 
122. (1) Where the Registry is the competent receiving Office under the Patent Co-
operation Treaty, an international application for a patent shall be filed at the Registry in the 
English language in triplicate. 
 
(2) If less than 3 copies of the international appl ication for a patent are so filed, 
upon preparation by the Registry of the number of c opies of it required to bring the total to 3, AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
103 
 the applicant shall on demand pay to the Registry t he appropriate charge for the preparation 
of the additional copies required. 
 
Fees for international applications. 
123. (1) Subject to sub-rule (5), payment of the transm ittal fee referred to in rule 14 of 
the Rules under the Patent Co-operation Treaty shal l be made to the Registry, accompanied 
by Patents Form 54, within one month from the date on which the international application 
for a patent to which it relates is filed at the Re gistry. 
 
(2) Where, in accordance with rule 19.4 (a)  of the Rules under the Patent Co-
operation Treaty, an international application for a patent is considered to have been received 
by the Registry on behalf of the International Bure au as receiving Office, the transmittal of 
the application by the Registry shall be subject to  a payment of the fee under rule 19.4 (b)  of 
those Rules. 
 
(3) Subject to sub-rule (5), payment of the interna tional filing fee referred to in 
rule 15.1 of the Rules under the Patent Co-operatio n Treaty shall be made to the Registry 
within the period referred to in rule 15.4 of those  Rules. 
 
(4) Subject to sub-rule (5), payment of the search fee referred to in rule 16.1 of the 
Rules under the Patent Co-operation Treaty shall be  made to the Registry within the period 
referred to in rule 16.1 (f)  of those Rules. 
 
(5) Where the payment of a fee referred to in sub-r ule (1), (3) or (4) has not been 
made to the Registry within the period prescribed u nder the applicable sub-rule (referred to in 
this sub-rule as the specified period) – 
(a)  the Registry shall give notice to the applicant re quiring the applicant to 
pay the Registry the outstanding fee and a late pay ment fee calculated in accordance 
with rule 16 bis.2 of the Rules under the Patent Co -operation Treaty within one month 
from the date on which the notice is sent to the ap plicant; and 
(b)  the specified period shall be treated in respect o f the outstanding fee as 
not expiring until the end of the one-month period referred to in paragraph (a) . 
 AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
104 
 (6) Where an international application for a patent  is filed at the Registry as 
receiving Office, and a request is made under rule 26 bis.3 (a)  of the Rules under the Patent 
Co-operation Treaty, payment of the prescribed fee shall be made to the Registry within the 
period referred to in rule 26 bis.3( e) of those Rules. 
 
Certified copies. 
124. A request under rule 17.1 or rule 21.2 of the Rule s under the Patent Co-operation 
Treaty for a certified copy of an international app lication for a patent as filed with the 
Registry as receiving Office and of any corrections  thereto shall be made on Patents Form 31 
and shall be accompanied by the appropriate fee. 
 
Fee currency. 
125. The fees referred to in rules 123 and 124 shall be  paid in Brunei dollars. AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
105 
  
FIRST SCHEDULE rules 3 and 65  
 
FEES PAYABLE 
 
Matter of Proceeding  Amount 
$ Corresponding 
Form No . 
1. On filing a request for the grant of a patent  1 60  1 
2. On reference under section 20(1) or 48(1)  450 2  
3. On filing a counter-statement in each of the fol lowing 
cases – 
(a)  Opposing the making of an order under section 
20 or 48 
(b)  Opposing a request under section 22 
(c)  In respect of a reference under section 23(5) 
(d)  Opposing an application under section 24 
(e)  In answer to a notice of opposition under 
section 38 
(f)  In answer to a notice of opposition under 
section 41 
(g)  In respect of a reference under section 49(5) 
(h)  In respect of an application under section  
55(3) 
(i)  In answer to a notice of opposition under 
section 56(7) 
(j)  In respect of a reference under section 65(3) 
(k)  On contesting an application under section 76 
for declaration of non- infringement 
(l)  On contesting an application under section 77 
for revocation of a patent 
(m)  In answer to a notice of opposition under 
section 104(2) to the correction of an error, 
clerical error or mistake 40 3 AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
106 
 Matter of Proceeding  Amount 
$ Corresponding 
Form No . 
4. On application under section 20(5) or 48(3) for 
authorisation by Registrar  50 4 
5. On request for directions under section 22  450 5 
6. On reference under section 23(5) or 49(5) to det ermine 
the question of a licence  450 6 
7. On application to the Registrar under section 24 (1) 
and/or 24(3)   450 7 
8. On filing a statement of inventorship and of rig ht to 
the grant of a patent   – 8 
9. On request for early publication under section 2 7(2)  50 9 
10. On filing a notice of withdrawal of an applicat ion for a 
patent under section 27(1)   – 10 
11. On filing a request for a search report or a 
supplementary search report   1,750 11 
12. On filing a request for a search and examinatio n report   2,600 12 
13. On furnishing information referred to in rule 4 6(1)   – 14 
14. On filing a notice of intention to rely on an 
international preliminary report on patentability   – 15 
15. On filing a request for an examination report   1,100 16 
16. On request to amend application before grant  –  17 
17. On filing a response to a written opinion under  section 
31 or 39  – 18 
18. On request that a certificate of grant be issue d –  
(a)  where the application for a patent has not more 
than 25 claims in the patent specification when 
rule 49(3) is complied with 
(b) where the application for a patent has more 
than 25 claims in the patent specification when 
rule 49(3) is complied with  
200 
 
 
200 plus 20 for 
each claim in 
excess of 25 
claims 19 AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
107 
 Matter of Proceeding  Amount 
$ Corresponding 
Form No . 
19. On payment of renewal fee (not including paymen t of 
back renewal fees pursuant to restoration or 
cancellation of entry in the register that licences  are 
available as of right)  
(a)  for each year in respect of the 5th, 6th or 7th 
year of the patent  
(b)  for each year in respect of the 8th, 9th or 10th 
year of the patent  
(c)  for each year in respect of the 11th, 12th or 
13th year of the patent  
(d)  for each year in respect of the 14th, 15th or 
16th year of the patent  
(e)  for each year in respect of the 17th, 18th or 
19th year of the patent  
(f)  for the 20th year of the patent  
(g)  for each year after the 20th year of the patent  – 
 
 
 
160 
 
270 
 
350 
 
450 
 
550 
 
650 
950 20 
20. On payment of an additional fee for renewal und er 
section 35(3) –  
(a)  not exceeding one month  
(b)  each succeeding month (but not exceeding 6 
months)   
 
50 
100 
 21 
21. On application to amend specification after gra nt  100 22 
22. On notice of opposition to amendment of specifi cation 
after grant  480 23 
23. On application for the restoration of a patent  500 24 
24. On payment of additional fee on the application  for the 
restoration of a patent  300 25 
25. On filing an offer to surrender a patent  70 26  
26. On notice of opposition to offer to surrender a  patent  250 27 AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
108 
 Matter of Proceeding  Amount 
$ Corresponding 
Form No . 
27. On application to register or give notice of a 
transaction, instrument or event affecting the righ ts in 
a patent or an application for a patent – for each patent 
or application for a patent affected by such transa ction, 
instrument or event  70 29 
28. On filing a request, in respect of one or more patents 
or applications for patents, for – 
(a)  each alteration or correction of name 
(b)  each alteration or correction of address (not 
being an address for service) 12 28 
29. On filing a request, in respect of each patent or 
application for a patent, for – 
(a)  each alteration or correction of address for 
service 
(b)  each correction of an error in the register or 
any connected document 
(c)  each correction of an error of translation or 
transcript or clerical error or mistake in the 
specification of a patent, in an application for a 
patent or in any document filed in connection 
with a patent or such an application 12 28 AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
109 
 Matter of Proceeding  Amount 
$ Corresponding 
Form No . 
30. On request for the furnishing of or access to 
miscellaneous information –  
(a)  fee for inspecting each file or document 
relating to a patent or patent application  
(b)  fee for furnishing each file or document  
(c)  fee for photocopying each page or part thereof 
of any other document by the staff of the 
Registry  
(d)  where the document is placed in the public 
search room – 
(i) fee for self-service photocopying of 
each page or part of the document using 
a stored-value card  
(ii) fee for photocopying of each page or 
part thereof by the staff of the Registry    
 
6.50 
 
6 
0.30 
 
 
 
 
0.15 
 
 
0.30 
 30 
31. On request for certificate of the Registrar –  
(a)  by impressed stamp – 
(i) for the first 20 sheets  
(ii) for each additional sheet thereafter  
(b)  sealed and attached to the documents – 
(i) for the first 20 sheets  
(ii) for each additional sheet thereafter  
(c) in respect of a priority document under rule 
17.1 (b)  of the Regulations under the Patent Co-
operation Treaty  
(d)  in respect of a certified copy of the 
international application for a patent under rule 
124    
 
18 
0.30 
 
30 
0.30 
50 
 
 
28 
 
 31 
32. On application for entry of order of court in t he 
register   10  32 AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
110 
 Matter of Proceeding  Amount 
$ Corresponding 
Form No . 
33. On application by proprietor for entry to be ma de in 
the register to the effect that licences under the patent 
are to be available as of right   70 33 
34. On application for settlement of terms of licen ce of 
right  380 34 
35. On application under section 56(1) or section 5 6(3) for 
cancellation of entry in the register  70 35 
36. On notice of opposition to an application under  section 
56(1) or 56(3) for cancellation of entry in the reg ister  90 36 
37. On reference to the Registrar of a dispute as t o 
infringement  280 37 
38. On application for declaration of non- infringe ment  280 38 
39. On application under section 77 for the revocat ion of a 
patent  500 40 
40. On request for re-examination of a patent in re sponse 
to the Registrar’s direction  900 41 
41. On payment of prescribed fee for entry into the  
national phase under section 83(3)  160 42 
42. On payment of prescribed fee and request for 
publication of translation  70 43 
43. On application to Registrar for an internationa l 
application for a patent (Brunei Darussalam) to be 
treated as an application under the Order  160 44 
44. On request for the exercise of the discretionar y powers 
of the Registrar  100 48 
45. On declaration of authorisation where agent app ointed 
or in substitution for another   10 for each 
patent or 
application for 
patent 46 
46. On payment of the advertisement fee upon receip t of 
the Registrar’s request under rule 97(4)   18 47 AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
111 
 Matter of Proceeding  Amount 
$ Corresponding 
Form No . 
47. On notice of opposition to the correction of an  error, 
clerical error or mistake  100 48 
48. On request for information relating to a patent  or an 
application for a patent  24 49 
49. On request for extension of each time or period  under 
rule 114(4) – for each month or part of a month for  
which the extension is sought  200 50 
50. On request for extension of each time or period  under 
rule 114(6)   200 52 
51. On payment of additional fee for extension of e ach 
time or period under rule 114(9) – for each month, or 
part of a month, for which the extension is granted   200 53 
52. On request for extension of periods under secti ons 
29(7) and 30(1)( a) –  
(a)  where the application is not an international 
application for a patent (Brunei Darussalam) 
that has entered the national phase in Brunei 
Darussalam under section 83(3)  
(b)  where the application is an international 
application for patent (Brunei Darussalam) that 
has entered the national phase in Brunei 
Darussalam under section 83(3)   
 
1,800 
 
 
 
Nil 51 
53. On payment of transmittal fee under rule 14 of the 
Regulations under the Patent Co-operation Treaty   150 54 
54. On payment of fee under rule 123(6) in respect of a 
request under rule 26 bis.3 (a)  of the Regulations under 
the Patent Co-operation Treaty  250 – 
55. On request for certificate authorising release of sample 
of micro-organism  15 55 
56. On notice of intention to restrict availability  of 
samples of micro-organisms to experts  15 56 AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
112 
 Matter of Proceeding  Amount 
$ Corresponding 
Form No . 
57. On request for certificate authorising release of sample 
of micro-organism to an expert  15 57 
58. On payment of renewal fee under section 55 or 5 6 –  
(a)  for each year in respect of the 5th, 6th or 7th 
year of the patent  
(b)  for each year in respect of the 8th, 9th or 10th 
year of the patent  
(c)  for each year in respect of the 11th, 12th or 
13th year of the patent  
(d)  for each year in respect of the 14th, 15th or 
16th year of the patent 
(e)  for each year in respect of the 17th, 18th or 
19th year of the patent  
(f)  for the 20th year of the patent 
(g)  for each year after the 20th year of the patent    
80 
 
135 
 
175 
 
225 
 
275 
 
325 
475 58 
59. On application to extend the term of a patent u nder 
section 36  950 59 
60. On filing a request for a search and examinatio n report 
after grant under section 39 –  
(a)  where the Examiner is the Austrian Patent 
Office  
(b)  where the Examiner is the Danish Patent and 
Trademark Office  
(c)  where the Examiner is the Hungarian Patent 
Office    
 
 
2,680 
 
3,100 
 
2,680 60 
 
 
 
 
61. On filing one or more documents under section 2 6(7) 
(c)  or (8) or 28(8)   – 61 
62. On filing a declaration under rule 9(2) or a re quest 
under rule 9(3)   120 62 
63. On filing a request under rule 10(2)   250 62 
64. On filing any miscellaneous document or documen ts   – 99 AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
113 
 Matter of Proceeding  Amount 
$ Corresponding 
Form No . 
65. For using the patent computer facilities in the  public 
search room of the Registry 
(a)  for every half hour or part thereof of log on 
access using the patent search terminal  
(b)  for each sheet of information printed    
 
2 
 
0.30  
 
 
 
 
66. Purchase of a copy of – 
(a)  Patents Journal A  
(b)  Patents Journal B  
   
10 
36  AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
114 
  
SECOND SCHEDULE rule 4 (3)  
 
DESCRIPTIONS OF FORMS 
 
Form Description of Form 
Certificate Form 1  Certificate of Grant 
Certificate Form 2  Certificate of Extension of Pat ent Term 
Patents Form 1  Request for the Grant of a Patent u nder section 25 
Patents Form 2  Reference under section 20(1) or 48 (1) 
Patents Form 3  Counter-Statement 
Patents Form 4  Application under section 20(5) or 48(3) for 
Authorisation by the Registrar 
Patents Form 5  Request for Directions under sectio n 22 
Patents Form 6  Reference under section 23(5) or 48 (5) to Determine 
the Question of a Licence 
Patents Form 7  Application to Registrar under sect ion 24(1) and/or 
24(3) 
Patents Form 8  Statement of Inventorship and of Ri ght to the Grant of 
a Patent under section 24 
Patents Form 9  Request for Early Publication under  section 27(2) 
Patents Form 10  Withdrawal of an Application for a  Patent under 
section 27(1) 
Patents Form 11  Request for a Search Report or Sup plementary Search 
Report 
Patents Form 12  Request for a Search and Examinati on Report 
Patents Form 13  Furnishing of Prescribed Details 
Patents Form 14  Furnishing of Prescribed Informati on 
Patents Form 15  Notice of Intention to Rely on Int ernational 
Preliminary Report on Patentability under section 
29(2) (e) (ii) 
Patents Form 16  Request for an Examination Report AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
115 
 Form Description of Form 
Patents Form 17  Request to Amend Application befor e Grant under 
section 31(2) 
Patents Form 18  Response to Written Opinion under section 31 or 39 
Patents Form 19  Payment of Fee for Grant of a Pate nt under section 30 
Patents Form 20  Payment of Renewal Fee under secti on 35(2) or 56(2) 
Patents Form 21  Payment of Additional Fee under se ction 35(3) 
Patents Form 22  Application to Amend Specification  after Grant under 
section 38 
Patents Form 23  Notice of Opposition to Amendment of Specification 
after Grant under section 38 or 80 
Patents Form 24  Application for Restoration of a P atent under section 
40 
Patents Form 25  Additional Fee on the Application for Restoration of a 
Patent under section 40 
Patents Form 26  Offer to Surrender a Patent under section 41(1) 
Patents Form 27  Notice of Opposition to Offer to S urrender a Patent 
under section 41(2) 
Patents Form 28  Request for Alteration of Name, Ad dress or Address 
for Service, or Correction of an Error, Clerical Er ror 
or Mistake under section 104 
Patents Form 29 Application to Register or to Give Notice of a 
Transaction, Instrument or Event Affecting the 
Rights in a Patent or an Application for a Patent 
under section 44 
Patents Form 30  Request for Miscellaneous Informat ion under section 
43 or 105 
Patents Form 31  Request for Certificate of the Reg istrar under section 
46 
Patents Form 32  Application for Entry of Order of Court in the Register 
under section 44 AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
116 
 Form Description of Form 
Patents Form 33  Application for Entry to be Made i n the Register to the 
effect that Licences under the Patent are to be 
available as of Right under section 55(1) 
Patents Form 34  Application for Settlement of Term s of a Licence of 
Right under section 55(3) 
Patents Form 35  
 Application under section 56(1) or (3) for Cancella tion 
of Entry in the Register 
Patents Form 36  Notice of Opposition to an Applica tion under section 
56(1) or (3) for Cancellation of Entry in the Regis ter 
Patents Form 37  Reference to the Registrar of a Di spute as to 
Infringement under section 65(3) 
Patents Form 38  Application for Declaration of Non -Infringement 
under section 76 
Patents Form 39  Application for Information on Cor responding 
Applications for a Patent 
Patents Form 40  Application for Revocation of a Pa tent under section 
77 
Patents Form 41  Request for Re-Examination of a Pa tent in Response to 
direction of the Registrar under section 77 
Patents Form 42  Payment of Fee for Entry into Nati onal Phase under 
section 83(3) 
Patents Form 43  Payment of Prescribed Fee and Requ est for Publication 
of Translation under section 83(7) 
Patents Form 44  Application to the Registrar for a n International 
Application to be Treated as an Application under 
section 82 of the Order 
Patents Form 45  Request for the Exercise of the Re gistrar’s 
Discretionary Powers under section 89 
Patents Form 46  Declaration of Authorisation where  an Agent is 
Appointed or where One Agent is Substituted for 
Another AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
117 
 Form Description of Form 
Patents Form 47  Additional Fee for the Advertiseme nt of Proposed 
Correction under section 104 
Patents Form 48  Notice of Opposition to the Correc tion of an Error, 
Clerical Error or Mistake under section 104 
Patents Form 49  Request for Information Relating t o a Patent or an 
Application for a Patent under section 105 
Patents Form 50  Request for Extension of Time or P eriod under rule 
114(4) 
Patents Form 51  Request for Extension of Periods u nder sections 29 (7) 
and 30(1) (a)  
Patents Form 52  Request for Extension of Time or P eriod under rule 
114(6) 
Patents Form 53  Additional Fee for Extension of Ti me or Period under 
rule 114(9) 
Patents Form 54  Payment of Transmittal Fee under r ule 14 of the 
Regulations under the Patent Co-Operation Treaty 
Patents Form 55  Request for Certificate Authorisin g Release of Sample 
of Micro-Organism 
Patents Form 56  Notice of Intention to Restrict Av ailability of Samples 
of Micro-Organisms to Experts 
Patents Form 57  Request for Certificate Authorisin g Release of Sample 
of Micro-Organisms to an Expert 
Patents Form 58  Payment of Renewal Fee pursuant to  section 55(3) (d)  
Patents Form 59  Request for an Extension of the Te rm of a Patent under 
section 36 
Patents Form 60  Request for Search and Examination  after Grant under 
section 39 
Patents Form 61  Filing of Documents under section 26(7) (c)  or (8) or 
28(8) 
Patents Form 62  Declaration under rule 9(2) or Req uest under rule 9(3) 
or 10(2) 
Patents Form 99  Filing of Miscellaneous Document o r Documents AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
118 
  
THIRD SCHEDULE rules 5 and 7  
 
SCALE OF COSTS 
PART I – BASIC COSTS 
 
Item Matter Amount 
1 Drawing and filing notice of opposition or applicat ion for 
revocation together with statement of case $200 
2 Drawing and filing a counter-statement  $150  
3 Preparing and lodging evidence for a notice of oppo sition, an 
application for revocation or a counter-statement $200-$800 
4 Perusing a notice of opposition, an application for  revocation 
or a counter-statement (per  folio ) $2 
 
5 Preparing for all interlocutory proceedings  $25-$1 20  
6 Attending all interlocutory proceedings  $25-$50  
7 Preparing for hearing  $500-$1,500  
8 Attendance at hearing by patent agent without advoc ate or 
solicitor  $100 per hour up to 
a maximum of $450 
per day 
9 Attendance at hearing by patent agent with instruct ing 
advocate or solicitor $60 per hour up to a 
maximum of $270 
per day 
10  Advocate or Solicitor fees  $120 per hour up to 
a maximum of $540 
per day 
11 Drawing bill of costs (per folio )  $2 
12 Attending taxation, and obtaining the Registrar’ s certificate 
or order $50-$120 
 
 
 
 
 AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
119 
  
PART II – ADDITIONAL COSTS 
 
1.  A person who has paid a fee prescribed in these Ru les in relation to proceedings 
before the Registrar shall be paid the amount of th e fee. 
 
2.  A person attending proceedings before the Registra r shall be paid – 
(a)  a reasonable amount for expenses incurred for tran sport between the usual 
place of residence of the person and the place that  he attends for that purpose; and 
(b)  if the person is required to be absent overnight f rom his usual place of 
residence, a reasonable amount as allowances up to a daily maximum of $250 for meals and 
accommodation. 
 
3.  A person who, because of his professional, scienti fic or other special skill or 
knowledge, is summoned to appear before the Registr ar as a witness shall be paid –  
(a)  if the person is remunerated in his occupation by wages, salary or fees, an 
amount equal to the amount of wages, salary or fees  not paid to the person because of his 
attendance before the Registrar for that purpose, b ut such amount should not exceed $150 
per day; or 
(b)  in any other case, an amount of not less than $100  but not more than $150 for 
each day on which he so attends. 
 
 AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
120 
  
FOURTH SCHEDULE rules 23, 32 and 114  
 
MICRO-ORGANISMS 
 
Applications. 
1.  (1) The specification of an application for a pate nt, or of a patent, for an invention 
which requires for its performance the use of a mic ro-organism – 
(a)  which is not available to the public at the date o f filing of the 
application; and 
(b)  which cannot be described in the specification in such a manner as to 
enable the invention to be performed by a person sk illed in the art, 
shall, in relation to the micro-organism itself, be  treated for the purposes of the Order as 
disclosing the invention in such a manner only if o ne of the conditions set out in sub-
paragraph (2), is satisfied. 
 
(2) The conditions referred to in sub-paragraph (1)  are – 
(a)  a condition that – 
(i) not later than the date of filing of the applic ation, a culture of 
the micro-organism has been deposited with any inte rnational 
depositary authority which is able to furnish a sam ple of the 
micro-organism; and 
(ii) the name of the international depositary autho rity, the date 
when the culture was deposited and the accession nu mber of 
the deposit are given in the specification of the a pplication; and 
(b)  a condition, in the case of an international appli cation for a patent 
(Brunei Darussalam) which is treated, by virtue of section 85 as a patent under the 
Order, or, as the case may be, an application for a  patent under the Order, that the 
corresponding provisions of the Implementing Regula tions to the Patent Co-operation 
Treaty have been complied with, 
and where a new deposit is made under paragraph 4, a further condition that the applicant or 
proprietor makes a new deposit in accordance with t hat paragraph. 
 AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
121 
 (3) Where the condition of sub-paragraph (2) (a) (ii) is not satisfied at the time the 
application for a patent is filed, it shall be sati sfied – 
(a)  within 16 months from – 
(i) the declared priority date; or 
(ii) the date of filing the application where there  is no declared 
priority date; 
(b)  where, on a request made by the applicant, the Reg istrar publishes the 
application before the end of the period prescribed  for the purposes of section 27(1), 
before the date of the request; or 
(c)  where the Registrar sends notification to the appl icant that, in 
accordance with section 105(4), he has received a r equest by any person for 
information and inspection of documents under subse ction (1) of that section, before 
the end of one month after his sending to the appli cant notification of his receipt of 
the request, 
whichever is the earliest. 
 
(4) The giving of the information specified in sub- paragraph (2) (a) (ii) shall 
constitute the unreserved and irrecoverable consent  of the applicant to the international 
depositary authority with which a culture (includin g a deposit which is to be treated as having 
always been available by virtue of paragraph 4(2)) is from time to time deposited making the 
culture available on receipt of the Registrar’s cer tificate authorising the release to the person 
who is named therein as a person to whom the cultur e may be made available and who makes 
a valid request therefor to the authority. 
 
Availability of cultures. 
2.  (1) Subject to paragraph 3, a request that the Reg istrar certify a person as a person 
to whom an international depositary authority may f urnish a sample of a micro-organism – 
(a)  before publication of the application for a patent , to a person who has 
made a request under section 105(1) in the circumst ances mentioned in paragraph 
1(3) (c) ; and 
(b)  at any later time, to any person, 
shall be made on Patents Form 55 together with the form provided for by the Regulations 
under the Budapest Treaty. AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
122 
  
(2) The Registrar shall send a copy of any form lod ged with him under sub-
paragraph (1) and of his certificate authorising th e release of the sample – 
(a)  to the applicant for, or proprietor of, the patent ; 
(b)  to the international depositary authority; and 
(c)  to the person making the request. 
 
(3) A request under sub-paragraph (1) shall compris e, on the part of the person to 
whom the request relates, undertakings for the bene fit of the applicant for, or proprietor of, 
the patent – 
(a)  not to make the culture, or any culture derived fr om it, available to any 
other person; and 
(b)  not to use the culture, or any culture derived fro m it, otherwise than for 
experimental purposes relating to the subject matte r of the invention, and – 
(i) subject to sub-paragraph (iii), both undertakin gs shall have 
effect during any period before the application for  a patent has 
been withdrawn, has been treated as having been aba ndoned, 
has been refused or is treated as having been refus ed (including 
any further period allowed under rule 110, 120(1) o r (6) but 
excluding, where an application is reinstated under  either of 
those rules, the period before it is reinstated); 
(ii) if a patent is granted on the application, the  undertaking set out 
in sub-paragraph (a)  shall also have effect during any period for 
which the patent is in force and during the period of 6 months 
referred to in section 35(3); and 
(iii) the undertaking set out in sub-paragraph (b)  shall not have 
effect after the date of publication in the journal  of a notice that 
the patent has been granted, 
and, in this sub-paragraph, references to a culture  derived from a deposited culture of a 
microorganism are references to a culture so derive d which exhibits those characteristics of 
the deposited culture essential for the performance  of the invention. 
 AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
123 
 (4) For the purpose of enabling any act specified i n section 59 to be done in 
relation to the culture for the services of the Gov ernment, the undertakings specified in sub-
paragraph (3) – 
(a)  shall not be required from any Government departme nt or person 
authorised in writing by a Government department fo r the purposes of this paragraph; 
and 
(b)  shall not have effect in relation to any such pers on who has already 
given them. 
 
(5) An undertaking given pursuant to sub-paragraph (3) may be varied by way of 
derogation by agreement between the applicant or pr oprietor and the person by whom it is 
given. 
 
(6) Where, in respect of a patent to which the unde rtaking set out in sub-paragraph 
(3) (a)  has effect – 
(a)  an entry is made in the register under section 55 to the effect that 
licences are to be available as of right; or 
(b)  a compulsory licence is granted under section 57, 
that undertaking shall not have effect to the exten t necessary for effect to be given to any 
such licence. 
 
Availability of cultures to experts. 
3.  (1) Subject to sub-paragraph (3), where, before th e preparations for publication 
under section 27 of an application for a patent hav e been completed, the applicant gives 
notice to the Registrar on Patents Form 56 of his i ntention that a sample of the micro-
organism should be made available only to an expert , the provisions of this paragraph shall 
have effect. 
 
(2) The Registrar – 
(a)  shall, at the time of publication of the applicati on under section 27, 
publish a notice in the journal that the provisions  of this paragraph have effect; and 
(b)  notwithstanding paragraph 2, shall not, until the patent is granted or the 
application has been withdrawn, has been treated as  having been abandoned, has been AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
124 
 refused or is treated as having been refused, issue  any certificate authorising release of 
a sample otherwise than under this paragraph. 
 
(3) In the case of an international application for  a patent (Brunei Darussalam), 
the applicant may, for the purpose set out in sub-p aragraph (1), give notice in writing to the 
International Bureau under rule 13 bis 3 of the Reg ulations under the Patent Co-operation 
Treaty before the technical preparations for intern ational publication of the application are 
complete of his intention that a sample of the micr o-organism should be made available only 
to an expert and he shall be treated by the Registr ar for the purposes of this paragraph as 
having complied with the conditions in sub-paragrap h (1) and sub-paragraph (2) (a)  shall not 
apply. 
 
(4) Any person wishing to have a sample of the micr o-organism made available 
(“the requester”) – 
(a)  shall apply to the Registrar on Patents Form 57 to gether with the form 
provided for by the Regulations under the Patent Co -operation Treaty nominating the 
person (“the expert”) to whom he wishes the sample to be made available; and 
(b)  shall at the same time file undertakings by the ex pert as set out in 
paragraph 2 (3) in accordance with the provisions o f that paragraph. 
 
(5) The Registrar shall send a copy of Patents Form  57 filed under sub-paragraph 
(4) to the applicant for the patent and shall speci fy the period within which the applicant may 
object, in accordance with sub-paragraph (6), to a sample of the micro-organism being 
available to the expert. 
 
(6) Unless, within the period specified by the Regi strar under sub-paragraph (5) 
(or within such longer period as the Registrar may,  on application made to him within that 
period, allow), the applicant for the patent sends notice in writing to the Registrar that he 
objects to a sample of the micro-organism being mad e available to the expert and gives his 
reasons for his objection, the Registrar shall send  a copy of any form lodged with him under 
sub-paragraph (4) (a)  and of his certificate authorising the release of the sample – 
(a)  to the applicant for the patent; 
(b)  to the international depositary authority concerne d; AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
125 
 (c)  to the requester; and 
(d)  to the expert. 
 
(7) Where, in accordance with sub-paragraph (6), th e applicant for the patent 
sends notice to the Registrar of his objection to t he issue of a certificate in favour of the 
expert, the Registrar – 
(a)  shall decide, having regard to the knowledge, expe rience and technical 
qualifications of the expert and to any other facto rs he considers relevant, whether to 
issue his certificate in favour of the expert; and 
(b)  if he decides to authorise the release of the samp le to the expert, shall 
send to the persons referred to in sub-paragraph (6 ) a copy of any form lodged with 
him under subparagraph (4) (a)  and of his certificate authorising the release of the 
sample to the expert. 
 
(8) Before making a decision in accordance with sub -paragraph (7), the Registrar 
shall afford the applicant and the requester the op portunity of being heard. 
 
(9) If the Registrar decides under sub-paragraph (7 ) not to issue his certificate in 
favour of the expert, the requester may, by notice in writing to the Registrar and the 
applicant, nominate another person as the expert fo r the purposes of this paragraph; and the 
Registrar shall give such directions as he may thin k fit with regard to the subsequent 
procedure. 
 
(10) Nothing in this paragraph shall affect the rig hts under section 58 of any 
Government department or of any person authorised i n writing by a Government department. 
 
New deposits. 
4.  (1) Where the international depositary authority w ith which a deposit or a new 
deposit of a culture has been made under this Sched ule – 
(a)  notifies the applicant or proprietor that it – 
(i) cannot satisfy a request made in accordance wit h paragraph 
2(1) or 3(4); or AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
126 
 (ii) is not able lawfully, to satisfy such a reques t, for the culture to 
be made available; 
(b)  ceases temporarily or permanently to carry out the  functions of an 
international depositary authority; or 
(c)  ceases for any reason to conduct its activities as  an international 
depositary authority in an objective and impartial manner, subject to sub-paragraph 
(3), the applicant or proprietor may, unless the cu lture has been transferred to another 
international depositary authority which is able to  make it available, make a new 
deposit of a culture of the micro-organism. 
 
(2) For the purposes of paragraph 1 and this paragr aph, the deposit shall be treated 
as always having been available if, within 3 months  of the receipt of such notification or of 
the international depositary authority ceasing to p erform the functions of an international 
depositary authority or to conduct its activities a s such an authority in an objective and 
impartial manner, the applicant or proprietor – 
(a)  in a case where the deposit has not already been t ransferred, makes the 
new deposit; 
(b)  furnishes to the international depositary authorit y with which the new 
deposit is made a declaration that the culture so d eposited is of the same micro-
organism as was the culture originally deposited; a nd 
(c)  requests amendment of the specification under sect ion 31 or 38, as the 
case may be, so as to indicate the accession number  of the transferred or new deposit 
and, where applicable, the name of the internationa l depositary authority with which 
the deposit has been made. 
 
(3) The new deposit referred to in sub-paragraph (1 ) – 
(a)  shall, subject to sub-paragraph (b) , be made with the same international 
depositary authority as was the original deposit; o r 
(b)  in the cases referred to in sub-paragraphs (1) (a) (ii), (b)  and (c) , shall be 
made with another international depositary authorit y which is able to satisfy the 
request. AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
127 
  
Interpretation. 
5.  In this Schedule – 
 
“Budapest Treaty” means the Treaty on the Internati onal Recognition of the Deposit 
of Microorganisms for the purposes of Patent Proced ure done at Budapest in 1977; 
 
“depositary institution” means an institution which , at all relevant times – 
(a)  carries out the functions of receiving, accepting and storing micro-
organisms and the furnishing of samples thereof; an d 
(b)  conducts its affairs in so far as they relate to t he carrying out of those 
functions in an objective and impartial manner; 
 
“international depositary authority” means a deposi tary institution which has acquired 
the status of international depositary authority as  provided in Article 7 of the 
Budapest Treaty. 
 AGC SIGNATURE COPY 
[H.Hassanah/Mwr 09/02/2012] 
 
 
 
128 
  
FIFTH SCHEDULE rule 113  
 
REMUNERATION OF SCIENTIFIC ADVISERS 
 
1.  A person appointed as a scientific adviser to assi st the Registrar in proceedings under 
the Order and who attends the proceedings before th e Registrar shall be paid – 
(a)  a reasonable amount for expenses incurred for tran sport between his usual 
place of residence and the place where the proceedi ngs take place; and 
(b)  if the scientific adviser is required to be absent  overnight from his usual place 
of residence, a reasonable amount as allowance for meals and accommodation up to a daily 
maximum of $250. 
 
2.  A person appointed as a scientific adviser to assi st the Registrar in proceedings under 
the Order shall, apart from the expenses and allowa nces referred to in paragraph 1, be paid an 
amount of not less than $650 but not more than $2,0 00 for each day or part thereof for which 
he hears the case or works on the report pursuant t o an inquiry referred to him under rule 
119(1) (b) . 
 
3.  A person appointed as a scientific adviser to sit with the Registrar at the hearing of 
any proceedings may, apart from the expenses and al lowances referred to in paragraph 1, be 
paid an amount not less than $650 but not more than  $2,000 if he is subsequently not required 
to hear the proceedings with the Registrar. 
 
 
 
Made this                                      day of                                         1433 Hij riah corresponding 
to the                                     day of                             2012. 
 
 
 
Minister of Energy in the Office of the Prime Minis ter.