Section 29
Search and examination
of Patents Act
(1)
Where an application for a patent complies with all the formal requirements, the Registrar shall send a notification to the applicant.
(2)
The applicant shall comply with any of the following paragraphs which is applicable within the period prescribed for that paragraph —
(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), file a request in the prescribed form and pay the prescribed fee for a search report;
(b)
file a request in the prescribed form and pay the prescribed fee for a search and examination report;
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(c)
where a corresponding application for a patent has been filed at any prescribed patent office —
(i)
file —
(A)
a copy of the search report in respect of the corresponding application;
(B)
where the search report is not in the English language, an English translation of the search report;
(C)
a copy of each prescribed document and, where required by the rules, an English translation of the document if it is not in the English language; and
(D)
a request in the prescribed form for an examination report, and pay the prescribed fee for an examination report;
or
(ii)
file —
(A)
in the prescribed form, the prescribed information relating to the corresponding application; and
(B)
where the prescribed information includes any document that is not in the English language, an
English translation of such document;
(d)
where a corresponding international application for a patent has been filed —
(i)
file —
(A)
a copy of the international search report in respect of the corresponding international application;
(B)
where the international search report is not in the
English language, an English translation of the international search report;
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(C)
a copy of each prescribed document and, where required by the rules, an English translation of the document if it is not in the English language; and
(D)
a request in the prescribed form for an examination report, and pay the prescribed fee for an examination report;
or
(ii)
file —
(A)
in the prescribed form, the prescribed information relating to the corresponding international application; and
(B)
where the prescribed information includes any document that is not in the English language, an
English translation of such document;
(e)
where the application is an international application for a patent (Brunei Darussalam) that has entered the national phase in
Brunei Darussalam under section 83(3) —
(i)
file —
(A)
a copy of the international search report issued in respect of the application;
(B)
where the international search report is not in the
English language, an English translation of the international search report;
(C)
a copy of each prescribed document and, where required by the rules, an English translation of the document if it is not in the English language; and
(D)
a request in the prescribed form for an examination report, and pay the prescribed fee for an examination report;
or
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(ii)
file a notice in the prescribed form of the applicant’s intention to rely on the international preliminary report on patentability in respect of that application.
(3)
Where the applicant has filed a request and paid the prescribed fee for a search report under subsection (2)(a), the Registrar shall —
(a)
cause the application to be subjected to a search by an
Examiner to discover the relevant prior art contained in —
(i)
such documentation as may be prescribed; and
(ii)
any additional documentation that the Examiner is aware of and considers to be relevant; and
(b)
upon receiving the search report prepared by the Examiner, send the applicant a notification and a copy of the search report.
(4)
Upon receiving the search report under subsection (3)(b) from the Registrar, the applicant shall, within the prescribed period, file a request in the prescribed form and pay the prescribed fee for an examination report.
(5)
Where the applicant has filed a request and paid the fee for an examination report under subsection (2)(c)(i), (d)(i) or (e)(i) or (4), the
Registrar shall —
(a)
cause the application to be subjected to an examination by an Examiner to determine —
(i)
whether the conditions specified in sections 13
and 25(4) and (5) have been complied with;
(ii)
whether the application discloses any additional matter referred to in section 81(1); and
(iii)
whether the application discloses any matter extending beyond that disclosed in the application as filed, taking into consideration all the relevant prior art, if any, that the Examiner is aware of or that has been referred to in the search report or international search report, as the case may be; and
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(b)
upon receiving the examination report prepared by the
Examiner, send the applicant a notification and a copy of the examination report.
(6)
Where the applicant has filed a request and paid the fee for a search and examination report under subsection (2)(b), the Registrar shall —
(a)
cause the application to be subjected to —
(i)
a search by an Examiner to discover the relevant prior art contained in —
(A)
such documentation as may be prescribed; and
(B)
any additional documentation that the Examiner is aware of and considers to be relevant; and
(ii)
an examination by an Examiner to determine —
(A)
whether the conditions specified in sections 13
and 25(4) and (5) have been complied with;
(B)
whether the application discloses any additional matter referred to in section 81(1); and
(C)
whether the application discloses any matter extending beyond that disclosed in the application as filed, taking into consideration all the relevant prior art, if any, that the Examiner is aware of or that has been discovered in the search; and
(b)
upon receiving the search and examination report prepared by the Examiner, send the applicant a notification and a copy of the search and examination report.
(7)
If, within the prescribed period under —
(a)
subsection 2(b), (c)(i) or (ii), (d)(i) or (ii) or (e)(i) or (ii); or
(b)
subsection (4), an applicant files a request in the prescribed form and pays the prescribed fee for that period to be extended, the applicant shall perform the acts set out in
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that provision within the prescribed extended period for performing those acts.