Section 33
Restrictions on applications abroad by Brunei Darussalam residents
of Patents Act
(1)
Subject to this section, no person resident in Brunei Darussalam shall, without written authority granted by the Registrar, file or cause to be filed outside Brunei Darussalam an application for a patent for an invention unless —
(a)
an application for a patent for the same invention has been filed in the Registry not less than 2 months before the application outside Brunei Darussalam; and
(b)
no directions have been given under section 32 in relation to the application in Brunei Darussalam or all such directions have been revoked.
(2)
Subsection (1) does not apply to an application for a patent for an invention for which an application for a patent has first been filed in a country outside Brunei Darussalam by a person resident outside
Brunei Darussalam.
Patents
B.L.R.O. 6/2023 53
(3)
Any person who files or causes to be filed an application for the grant of a patent in contravention of this section is guilty of an offence and liable on conviction to a fine not exceeding $5,000, imprisonment for a term not exceeding 2 years or both.
(4)
In this section —
(a)
any reference to an application for a patent includes a reference to an application for other protection for an invention;
(b)
any reference to either kind of application is a reference to an application under this Act, under the law of any country other than
Brunei Darussalam or under any treaty or international convention to which Brunei Darussalam is a party; and
(c)
“person resident in Brunei Darussalam” includes a person who, at the material time, is residing in Brunei Darussalam by virtue of a valid pass lawfully issued to him under the Immigration Act
(Chapter 17) to enter and remain in Brunei Darussalam for any purpose.