Section 84
Adaptation of provisions in relation to international application
of Patents Act
(1)
Where an international application for a patent
(Brunei Darussalam) is accorded a filing date under the Patent Co-operation
Treaty —
(a)
that date or, if the application is re-dated under the Treaty to a later date, that later date shall be treated as the date of filing the application under this Act;
(b)
any declaration of priority made under the Treaty shall be treated as made under section 17(2), and where in accordance with the Treaty any extra days are allowed, the period of 12 months referred to in section 17(3)(a) shall be treated as altered accordingly;
and
(c)
any statement of the name of the inventor under the Treaty shall be treated as a statement filed under section 24(2).
(2)
If the application, not having been published under this Act, is published in accordance with the Patent Co-operation Treaty, it shall be
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treated, for purposes other than those mentioned in subsection (3), as published under section 27 when the national phase of the application begins or, if later, when published in accordance with the Treaty.
(3)
For the purposes of sections 58 and 74, the application, not having been published under this Act, shall be treated as published under section 27 —
(a)
if it is published in accordance with the Patent Co-operation
Treaty in the English language, on its being so published; and
(b)
if it is so published in a language other than the English language —
(i)
on the publication of an English translation of the application in accordance with section 83(6); or
(ii)
on the service by the applicant of an English translation of the specification of the application on the
Government department concerned or, as the case may be, on the person committing the infringing act.
(4)
The reference in subsection (3)(b)(ii) to the service of an English translation on a Government department or other person is to its being sent by post or delivered to that department or person.
(5)
During the international phase of the application, section 20
does not apply (determination of questions of entitlement in relation to application under this Act), but after the end of the international phase section 20 applies.