Re-registration of Malaysia’s Patent in Brunei

Under Section 115 of the new Patents Order, 2011, any existing application for the re-registration of a granted UK, European Patent Office (designating UK), Malaysian or Singapore patent which has been filed before the commencement of the new Patents Order (1^st January 2012) will be granted as if the previous law had not been repealed.

Moreover, if a patent has been granted in the UK, European Patent Office (designating UK), Malaysia or Singapore within 36 months immediately before the commencement of the Patents Order, 2011 (1^st January 2009 – 31^st December 2011) and that patent is still in force on that date, an application for re-registration of that patent may be filed within 24 months from the date of commencement of the Patents Order, 2011 (1^st January 2012 - 31^st December 2013).

Furthermore, if a UK, European Patent Office (designating UK), Malaysian or Singapore patent application has been filed before the commencement of the Patents Order, 2011 and is still pending on that date, the applicant, may within 12 months of the date of issuance of the patent, may apply to re-register the foreign patent as if the previous law had not been repealed.

“Section 115 of the New Patent Order, 2011

(1) Where an application has been made under section 2 of the Inventions Act [Chapter 72) before the commencement of this Order, the Registrar may issue a certificate of registration under section 4 of that Act after that date as if that Act and any regulations made there under had not been repealed.

(2) Where a patent has been granted under any law relating to patents having effect in the United Kingdom, Malaysia or Singapore during the period of 36 months immediately before the commencement of this Order and that patent is still in force on that date, the proprietor of the patent may, within a period of 24 months from that commencement date, make an application for a certificate of registration and the Registrar may issue a certificate on such application as if the Inventions Act [Chapter 72) and any regulations made there under had not been repealed.

(3) Where an application for a patent has been made before the commencement date under any law relating to patents having effect in the United Kingdom, Malaysia or Singapore and the application is pending on that commencement date, the applicant may, within a period of 12 months from the date of issue of the grant of a patent on that application, make an application for a certificate of registration and the Registrar may issue a certificate on such application as if the Inventions Act (Chapter 72) and any regulations made there under had not been repealed.”

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