PCT Applicant's Guide Brunei Darussalam EQE

GENERAL INFO
RO
BIO
NATIONAL CHAPTER

Materials for the European Qualifying Examination (EQE)
Special edition as of 31 October 2024, prepared for EQE candidates

Useful information

The PCT Applicant’s Guide is updated almost every week with information received by the International Bureau.

In case of question, please contact the Office or the International Bureau: pct.guide@wipo.int.

List of abbreviations used in this document:

Office: Brunei Darussalam Intellectual Property Office (BruIPO)

PO: Patents Order, 2011

PR: Patents Rules, 2012

List of currencies used in this document:

BND (Brunei dollar), CHF (Swiss franc)

Countries and Offices information:

The list of acronyms used for Offices is no longer shown as it has been integrated in the mouseover functionality for each ST.3 code shown in this document.
Refer to List of WIPO Standards, Recommendations and Guidelines formerly Annex K, List of country names and two-letter codes. It includes a list of short names and two-letter codes accepted for use in indicating States, other entities and intergovernmental organizations and their Offices in documents relating to international applications under the PCT. The list is as set out in WIPO Standard ST.3.
Also refer to PCT Contracting States formerly Annex A.

Office profile

For more technical information about the Office, refer to ePCT Office profile.

PCT Reservations, Declarations, Notifications and Incompatibilities

The Office does not have any reservations, declarations, notifications or incompatibilities.
Refer to the full list.

Office Closed dates

The Office is closed weekly on Friday and Sunday

Additional closed dates can be consulted on the Office Closed dates page

International Phase

Annex B - Information on Contracting States or Intergovernmental Organization

Contracting State:

Brunei Darussalam

Two-letter code:

Name of Office:

Brunei Darussalam Intellectual Property Office (BruIPO)

Location:

The Law Building
Ground Floor
Jalan Raja Isteri Pengiran Anak Hajah Saleha
Bandar Seri Begawan BA1910
Brunei Darussalam

Mailing address:

Same as above

Telephone:

(673) 222 59 19

E-mail:

enquiries@bruipo.gov.bn

Website:

http://www.bruipo.gov.bn/SitePages/Home.aspx

Facsimile:

(673) 238 05 45

Does the Office accept the filing of documents by facsimile or the like means (PCT Rule 92.4)?

Yes, by e-mail

Which kinds of documents may be so transmitted?

All kinds of documents

Must the original of the document be furnished in all cases?

Yes,

within 14 days from the date of the transmission

Does the Office send notifications via e-mail in respect of international applications?

Yes

Would the Office accept evidence of mailing a document, in case of loss or delay, where a delivery service other than the postal authorities is used (PCT Rule 82.1)?

Yes

Is the Office prepared to allow applicants to make applications available to the WIPO Digital Access Service for Priority Documents (DAS) (PCT Rule 17.1(b-bis)?

Competent receiving Office(s) for international applications filed by nationals or residents of this State:

BN,

Does national legislation restrict the filing of international applications with foreign Offices?

Refer to the Office

Competent designated (or elected) Office(s) for this State:

Refer to corresponding National Phase.

Types of protection available via the PCT:

Patents

Availability under the national law for an international-type search (PCT Article 15):

None

Provisional protection after international publication:

None

Information of interest if this Contracting State is designated (or elected)

Time when the name and address of the inventor must be given:

May be in the request or may be furnished later. If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit of two months from the date of the invitation.

Are there special provisions concerning the deposit of microorganisms and other biological material?

Yes, refer to Annex L.

Annex C - Receiving Office

Competent receiving Office for nationals and residents of:

Brunei Darussalam

Language in which international applications may be filed:

English

Language accepted for language-dependent free text in the sequence listing:

Same as above

Language in which the request may be filed:

English

Number of copies required by the receiving Office if application filed on paper:

Does the receiving Office accept the filing of international applications in electronic form?

Where the international application is filed in electronic form in accordance with and to the extent provided for in Part 7 and Annex F of the Administrative Instructions, the total amount of the international filing fee is reduced (refer to “Fees payable to the RO”).

Where the international application contains a sequence listing as a separate part of the description, this must be furnished in accordance with Annex C of the Administrative Instructions, that is, in compliance with WIPO Standard ST.26 XML format; no fees are due for sequence listings filed in this format.

For the relevant notifications by the Office, refer to Official Notices (PCT Gazette) dated 14 January 2016, pages 9 et seq. and 11 August 2022, page 220.

Yes, the Office accepts electronic filing via ePCT-Filing

Does the receiving Office accept requests for restoration of the right of priority (PCT Rule 26bis.3)?

Yes, the Office applies both the “unintentional” and the “due care” criteria to such requests

Competent International Searching Authority:

AU,

EP,

JP,

KR,

Competent International Preliminary Examining Authority:

AU,

EP,

JP,

The Office is competent only if the international search is or has been carried out by that Office.

Fees payable to the RO:

Transmittal fee:

150 BND

International filing fee:

This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

Equivalent in BND of 1,330 CHF

Fee per sheet in excess of 30:

This fee is reduced by 90% if certain conditions apply (refer to Annex C(IB)).

Equivalent in BND of 15 CHF

Reductions (under Schedule of Fees, item 4):

Electronic filing (the request in character coded format):

Equivalent in BND of 200 CHF

Electronic filing (the request, description, claims and abstract in character coded format):

Equivalent in BND of 300 CHF

Search fee:

Equivalent in BND of the search fee payable to the International Searching Authority chosen by the applicant:
Refer to
Annex D(AU)
Annex D(EP)
Annex D(JP)
Annex D(KR)
Annex D(SG)

Fee for priority document (PCT Rule 17.1(b)):

50 BND

Fee for requesting restoration of the right of priority (PCT Rule 26bis.3(d)):

500 BND

Is an agent required by the receiving Office?

No, but an address for service in Brunei Darussalam is required

Who can act as agent?

Any natural or legal person resident in Brunei Darussalam

Waiver of power of attorney:

Waivers of powers of attorney do not apply (PCT Rule 90.4(e) and 90.5(d)) where the agent or common representative submits any notice of withdrawal during the international phase (PCT Rule 90bis.1 to 90bis.4, also refer to International Phase, paragraph 11.048).

Has the Office waived the requirement that a separate power of attorney be submitted?

Yes

Particular instances in which a separate power of attorney is required:

Where an agent or common representative who is not indicated on the request form at the time of filing performs any action after filing; or where it is unclear that an agent or common representative has power to act on behalf of the applicant

Has the Office waived the requirement that a copy of a general power of attorney be submitted?

Yes

Particular instances in which a copy of a general power of attorney is required:

Annex L - Deposits of Microorganisms and Other Biological Material

Requirements of designated and elected Offices

Only Offices whose applicable national law contains provisions concerning the deposits of microorganisms and other biological material are listed in Annex L. Unless otherwise indicated, deposits may be made for the purposes of patent procedure before these Offices with any depositary institution having acquired the status of international depositary authority under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure.

For a list of these institutions refer to:

http://www.wipo.int/treaties/en/registration/budapest/pdf/idalist.pdf (and the detailed requirements for each institution at: https://www.wipo.int/budapest/en/guide/section_d/subsection_c.html)

Notifications related thereto may be consulted under:

http://www.wipo.int/treaties/en/registration/budapest/

Further information concerning the requirements of international depository authorities under the Budapest Treaty is available at:

http://www.wipo.int/budapest/en/guide/index.html

Time (if any) earlier than 16 months from priority date by which applicant must furnish:

— the indications prescribed in Rule 13bis.3(a)(i) to (iii):

None

— any additional indications:

None

Additional indications (if any) which must be given besides those prescribed in Rule 13bis.3(a)(i) to (iii) pursuant to notifications from the Office:

None

Additional information

The applicant may request that a sample only be made available to an expert before the patent is granted or if the application has been withdrawn, or has been treated as having been abandoned, has been refused or is treated as having been refused. The applicant should make such requests to the International Bureau in writing before completion of technical preparations for publication of the international application.

National Phase

Summary of requirements for entry into the national phase

Time limits applicable for entry into the national phase:

Under PCT Article 22(1): 30 months from the priority date

Under PCT Article 39(1)(a): 30 months from the priority date

Translation of international application required into (one of) the following language(s):

Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).

English

Required contents of the translation for entry into the national phase:

Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).

Where the applicant furnishes a translation of the international application only as amended or only as originally filed, the Office will invite the applicant to furnish the missing translation.

The translation of the abstract is only required if the international application has not yet been published.

Under PCT Article 22: Description, claims (if amended, both as originally filed and as amended, together with any statement under PCT Article 19), any text matter of drawings, abstract

Under PCT Article 39(1): Description, claims, any text matter of drawings, abstract (if any of those parts has been amended, both as originally filed and as amended by the annexes to the international preliminary examination report)

Is a copy of the international application required in particular circumstances?

Yes

National fees:

Filing fee

Must be furnished or paid within the time limit applicable under PCT Article 22 or 39(1).

160 BND

Exemptions, reductions or refunds of fees:

None

Special requirements of the Office (PCT Rule 51bis):

Name and address of the inventor if they have not been furnished in the “Request” part of the international application

This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.

If not already complied with within the time limit applicable under PCT Article 22 or 39(1), the Office will invite the applicant to comply with the requirement within a time limit of two months from the date of receipt of the invitation.

Evidence of entitlement to apply for or be granted a patent

This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.

Evidence of entitlement to claim priority of earlier application

This requirement may be satisfied if the corresponding declaration has been made in accordance with PCT Rule 4.17.

Document evidencing a change of name of the applicant if the change occurred after the international filing date

Address for service in Brunei Darussalam if the applicant is not resident in Brunei Darussalam

Instrument appointing the agent (authorization or power of attorney)

Furnishing, where applicable, of a nucleotide and/or amino acid sequence listing in electronic form

Who can act as agent?

Any natural or legal person resident in Brunei Darussalam

Does the Office accept requests for restoration of the right of priority (PCT Rule 49ter.2)?

Yes, the Office applies both the “unintentional” and the “due care” criteria to such requests

The procedure in the national Phase

BN.01 FORM FOR ENTERING THE NATIONAL PHASE

The Office has available a special form for entering the national phase (refer to Annex BN.II). This form should preferably (but need not) be used.

BN.02 TRANSLATION

Errors in the translation of the international application can be corrected with reference to the text of the international application as originally filed (refer to National Phase, paragraphs 6.002 and 6.003).

BN.03 TRANSLATION (TIME LIMITS)

PR Sec. 92(6)
If the applicant pays the filing fee, but fails to file the translation, a notification will be sent by the Office requesting the filing of the required translation within two months from the date of the notification.

BN.04 FEES (MANNER OF PAYMENT)

The manner of payment of the fees indicated in the Summary and in this Chapter is outlined in Annex BN.I.

BN.05 ADDRESS FOR SERVICE

If the applicant is not resident in Brunei Darussalam, an address for service in Brunei Darussalam must be given.

BN.06 APPOINTMENT OF AN AGENT

If the applicant is represented by an agent, a power of attorney is required (Annex BN.III).

BN.07 THE INVENTOR

The name and address of the inventor should be indicated. If the applicant fails to provide these, the Office will invite the applicant to comply.

BN.08 ANNUAL FEES

PR Sec. 54(1)
Annual fees are payable for the fifth and each subsequent year following the international filing date. Payment must be made before the expiration of the month containing the anniversary of the international filing date. Payment of annual fees may still be made within three months from the due date, subject to the payment of a surcharge. The amounts of these fees are indicated in Annex BN.I.

BN.09 EXAMINATION

PO Sec. 29(2)(b), PR Sec. 39
A patent will be granted only after substantive examination which must be requested by the applicant. The request for examination must be made in English using Patents Form 12 (Request for a search and examination report) or Patents Form 11 (Request for a search report) and/or Patents Form 16 (Request for an examination report) (Annexes BN.IV-VI).

Examination must be requested within 42 months from the international filing date.

Within the time limit for requesting examination, a fee for requesting examination must be paid. Processing of the request for examination will only start after the fee for examination has been paid. The amount of the fee is indicated in Annex BN.I.

BN.10 AMENDMENT OF THE APPLICATION

PCT Art. 28, PCT Art. 41
The applicant may, at any time before the patent is granted, make amendments to the application, provided that the amendment does not go beyond the original disclosure. The amount of the fee is indicated in Annex BN.I.

BN.11 REVIEW UNDER ARTICLE 25 OF THE PCT

PCT Art. 25, PCT Rule 51
The applicable procedure is outlined in paragraphs 6.018 to 6.021 of the National Phase.

BN.12 EXCUSE OF DELAYS IN MEETING TIME LIMITS

PCT Art. 24(2), PCT Art. 48(2), PCT Rule 82bis
Reference is made to paragraphs 6.022 to 6.027 of the National Phase.

BN.13 REINSTATEMENT OF RIGHTS

PO Sec. 40, PR Sec. 58, PCT Rule 49.6
Reinstatement of rights may be requested where the applicant unintentionally or in spite of due care required by the circumstances having been taken, failed to perform the acts referred to in Article 22 within the applicable time limit. A request for reinstatement must be presented in writing within two months from the removal of the cause of the failure to observe the time limit or twelve months from the date of expiration of the applicable time limit, whichever time limit expires earlier. Within the said two months, the omitted action must be completed and the fee for reinstatement of rights (refer to Annex BN.I) must be paid.

Annexes

Annex BN.I - Fees

Filing fee

160 BND

Request for examination

1,100 BND

Request for search and examination

2,600 BND

Fee for amendment of the application

100 BND

Reinstatement fee

500 BND

Restoration fee

500 BND

Annual fees:

— for the 5^th to the 7^th years

per year 160 BND

— for the 8^th to the 10^th years

per year 270 BND

— for the 11^th to the 13^th years

per year 350 BND

— for the 14^th to the 16^th years

per year 450 BND

— for the 17^th to the 19^th years

per year 550 BND

— for the 20^th year

650 BND

Surcharge for late payment of annual fees:

— not exceeding one month

50 BND

— each additional month (but not exceeding six months)

100 BND

How can payment of fees be effected?

The payment of the fees has to be effected in Brunei dollars. All payments must indicate the application number (national, if already known; international, if the national application number is not yet known), the name of the applicant and the category of fee being paid

Payment may be effected to the Office by cash, cheque or bank draft. Payments by bank transfer should be made to the following bank:

Account name
Government of Brunei Darussalam

Bank
Baiduri Bank Berhad

Account No.
02-08-111-27888

Address
Baiduri Bank Headquarters
No. 1 Jalan Gadong
Bandar Seri Begawan
Brunei Muara
BA1511
Brunei Darussalam

SWIFT
BAIDBNBB