PCT NATIONAL PHASE ENTRY
Brunei Darussalam

Brunei Darussalam has been a member of the Paris Convention for the Protection of Industrial Property since February 17, 2012, and a contracting party to the Patent Cooperation Treaty (PCT) since July 24, 2012. Additionally, it is a signatory to the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for Patent Procedures. The country's patent system is primarily governed by the Patents Order 2011 and the Patents Rules 2012, enabling both direct national applications and compliance with international standards. The system also incorporates a "self-assessing" approach, allowing applicants to decide how and when to proceed with their applications.

In Brunei Darussalam, applicants are required to enter the national phase of a PCT (Patent Cooperation Treaty) application no later than 30 months from the earliest priority date.

A translation of the international application into English is mandatory and must be provided within the 30-month time limit from the priority date.

Brunei Darussalam does not allow any extensions for submitting a patent application after the prescribed deadline.

Power of Attorney: A simply signed Power of Attorney should be submitted within two months from the date of the initial filing.

There is no cost exemption available for patent application in Brunei Darussalam.

In Brunei Darussalam, the examination request must be submitted no later than 42 months from the earliest priority date.

In Brunei Darussalam, renewal fees for patent applications are payable on an annual basis, commencing from the fifth year after the filing date. There is a six-month grace period for renewal payments, with late fees applicable after that.

In Brunei Darussalam, the term of a patent is set at 20 years, calculated from the filing date of the application. A Patent Term Extension for pharmaceutical products may be granted in cases where delays occur during the procedure or when the requirement for marketing approval has limited the opportunity to commercialize a patented invention.

According to the Global Innovation Index (GII) 2024, Brunei Darussalam is ranked 88th out of 133 global economies. Among high-income countries, it places 50th out of 51, and within the South East Asia, East Asia, and Oceania region, it ranks 14th out of 17 economies. In terms of innovation outputs, Brunei Darussalam holds the 123rd position, reflecting an improvement from the previous year. The country’s primary innovation strengths include a high level of operational stability for businesses (ranked 2nd), a low applied tariff rate (weighted average) (ranked 3rd), and a favorable pupil–teacher ratio at the secondary education level (ranked 3rd).

Brunei’s economy is heavily reliant on its oil and gas sector, which significantly influences its GDP and exports, potentially shaping its intellectual property strategies, particularly in energy-related innovations and technologies. With a high per capita GDP and a strong attractiveness for foreign investment, supported by a stable government and favorable incentives such as low corporate income taxes, Brunei presents opportunities for intellectual property growth across various sectors, including technology, manufacturing, and services. The country’s well-educated population further facilitates its integration into global markets, making international IP transactions, licensing, and collaborations more accessible. Additionally, the government’s focus on promoting sustainable development and utilizing ICT for socio-economic progress highlights its commitment to fostering innovation and IP creation, particularly in the digital and technological fields. Brunei’s dedication to biodiversity and environmental conservation may also pave the way for intellectual property in eco-friendly innovations, bio-patents, and environmental technologies.